MAHENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Special Bench has been constituted with a view to achieve the goal set up by the Judiciary for "Speedy Justice" and "Access to Justice" to all, for disposal of the criminal appeals, in which convict is in jail for five or more years.

(2.) This Jail Appeal has been received by Judgment and Order dtd. 20/9/2016 passed by Special Judge, POCSO Cases, Kota whereby appellant has been convicted for offence under Sec. 363, 366, 376(2)(n) of IPC and Sec. 5(1)/6 of the POCSO Act. For offence under Sec. 363 of IPC, appellant has been convicted for three years rigorous imprisonment and fine of Rs.3,000.00, on non payment of fine, to further undergo one month simple imprisonment. For offence under Sec. 366 of IPC, two years rigorous imprisonment and a fine of Rs.5,000.00, on non payment of fine, to further undergo two months simple imprisonment and for offence under Sec. 376(2)(n) read with Sec. 5(1)/(6) of the POCSO Act, appellant has been sentenced to ten years rigorous imprisonment and a fine of Rs.10,000.00, on non payment of fine, to further undergo five months simple imprisonment. All the sentences are to run concurrently.

(3.) Learned Amicus Curiae appearing on behalf of the appellant contends that prosecution has failed to establish that the prosecutrix is a minor. As per Article 2(a)-School Register, her date of birth was 9/3/1997. School certificate did not relate to the school first attended. As per Rule 12 of the Juvenile Justice Care and Protection of Children Rules for determining the age of a victim, the age of a child or juvenile in conflict with law, the matriculation or equivalent certificate has to be given preference in absence whereof date of birth certificate from the school first attended and in absence whereof birth certificate given by a cooperation or a municipal authority or a Panchayat and in absence of either of the above, the opinion of the duly constituted medical board.