POCSO Act is Stringent in Nature, therefore a Stricter Proof is Required

POCSO Act is Stringent in Nature, therefore a Stricter Proof is Required

Sujoy @ Sanjay Laltu Chakravarty vs State of Maharashtra

Bombay HC, Nagpur Bench

26/02/2018

CRIMINAL APPEAL NO. 68 OF 2018

About/from the judgment:

Evidence Act, 1872 - S. 35 - Penal Code, 1860 - Ss. 359, 363, 366, 366A, 375 & 376(2)(i) - Protection of Children from Sexual Offences Act, 2012 - Ss. 5(a)(i) & (I) r/w. 6 - Kidnapping from lawful guardianship - Age of the Victim Girl - Prosecution has utterly failed to prove that the age of the victim girl was below the age of 16 years, insofar as offence punishable under Section 363 of the IPC and below the age of 18 years insofar as the offences punishable under Section 376(2) (i) of IPC and under Section 5(a)(i) and (I) read with Section 6 of the POCSO Act are concerned.

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