(A) Indian Penal Code, 1860 – Section 363, 366 – Protection of Children from Sexual Offences Act, 2012 – Sections 12 – POCSO – Case not made out – Kidnapping – Appeal against acquittal – Appreciation of evidence – Held: It would be evidently clear from the statement of the appellant herself that she was neither abducted nor kidnapped or enticed by respondent. Rather, statement of appellant recorded under Section 164 Cr.P.C. i.e. portions ‘A’ to ‘A’ and ‘B’ to B’. which have been admitted by her indicate that the appellant had accompanied respondent of her own free will and volition – No legally admissible evidence of Date of birth of victim (Para 27)
When the appellant herself had not stated anything whereby the offences under Sections 363 and 366 of IPC could have been invoked and rather stated that she herself had given threatening to respondent No.2 that she would commit suicide in case he did not come to take her and further stated that respondent No.2 had committed nothing wrong with her. The filing of the challan itself in the Court was totally ill-advised (Para 55)
(B) POCSO – Non-obtaining of Documents related to date of birth – Birth register not available with panchayat – Date of birth ascertained from Parivar Register, which is not admissible in evidence – Held: Court has no hesitation to conclude that the respondents herein had put in their best efforts and procured all the necessary documents that were within their reach and tried to support the case of the prosecution.
Show cause notice to IO dropped (Para 55, 56)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 151 HP
Neha Vs. State Of Himachal Pradesh And Another
Criminal Appeal No. 99 of 2018-Decided on 5-9-2023
https://stpllaw.in/wp-content/uploads/2023/09/2023-STPLWeb-151-HP.pdf
