(A) Indian Penal Code, 1860 Section 363, 376–Protection of Children from Sexual Offences (POCSO) Act, 2012–Section 6–Kidnapping and rape–Promise to marriage–
Aggravated penetrative sexual assault–Determination of age of victim–The appellant, was convicted by the Trial Court for kidnapping and raping a minor–The conviction was based on the victim's testimony, medical evidence, and the recovery of the victim by the police–Appeal against conviction–Held–The Trial Court has committed an error in placing reliance on Panchayat record for proving the age of victim when the school certificate of birth was available–The evidence available on record does not establish that the victim was minor–Once it is held that the victim was not proved to be minor, the victim’s consent assumes significance–Her conduct falsifies her statement that she was forcibly taken out of the house of Leela Devi and was raped by the accused–Even Medical evidence falsifies the story of prosecutrix-Accused is entitled for the benefit of doubt–Impugned order of conviction is set aside–Appeal allowed. (Paras 23, 24 and 25)
(B) Registration of Births and Deaths Act, 1969 Section 17–Juvenile Justice (Care and Protection of Children) Act, 2015–Section 94–Juvenile Justice Rules, 2007 Rule 12–Determination of age of victim–Held–As per Rule 12(3)(a)(ii) of Juvenile Justice, Rule 2007 and Section 94 of the Juvenile Justice Act, 2015, the certificate from the school which was first attended by the victim has to be preferred to the birth certificate which falls within Rule 12 (iii)(a) of the Juvenile Justice Rule, 2007–Rule 12 (3)(a) provides that a matriculation certificate, if available, in its absence date of Birth certificate from the school first attended and in their absence the birth certificate given by the Corporation Municipal Authority or Panchayat would be considered–These are in hierarchal order–Thus, where a matriculation certificate is available, the birth certificate from the school and the birth certificate given by the Corporation cannot be relied upon–The birth certificate from the school attended by the victim was available in the present case hence, the birth certificate from the school is to be preferred to the birth certificate issued from the Panchayat. (Para 19)