SAHAJAN ALI @ SAHAJAHAN ALI Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for both the parties. The conviction and sentence were awarded respectively under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Section 376(2)(i) of the Indian Penal Code (IPC).

(2.) It appears from the evidence-on-record that, as rightly submitted by learned counsel for the appellant, there is no convincing evidence to prove, even prima facie, that the victim girl was a minor at the time of the alleged incident.

(3.) The incident allegedly occurred on July 2, 2015. However, it is clearly seen that the only 'proof' of the date of birth of the victim girl was the photocopy of a birth certificate.