Sections 363, 366, 506 and 34 IPC POCSO ACT Appeal against conviction Kidnapping Prosecutrix and appellant eloped and later married and had children Parents of prosecutrix lodged complaint against appellant Statement of prosecutrix clearly reveals that elopement and cohabitation was consensual Source of information relating to date of birth of child/prosecutrix is statement of parent/guardian Court must satisfy itself that parent/guardian has affirmatively stated so in his or her testimony Parent/guardian state in testimony that they do not know date of birth of prosecutrix, or that they gave an estimation without being sure Ten years of appellant’s life cannot be taken away on basis of estimation, speculation and guess work relating to age of prosecutrix Age of prosecutrix in penumbra of doubt Must be held in favour of appellant on basis of radiological report Appellant acquitted. [Paras 18, 19 and 22]
Vijay vs State Of MP CRLA 4693/21 27/03/23 [ ATUL JJ ]
[ MADHYA PRADESH HIGH COURT ]
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Shared by: Mahmudul Hasan
Advocate
Allahabad High Court
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