Criminal Procedure Code vs State Of Odisha on 13 February, 2026

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    Orissa High Court

    Criminal Procedure Code vs State Of Odisha on 13 February, 2026

    Author: Sanjeeb K Panigrahi

    Bench: Sanjeeb K Panigrahi

                                                                  Signature Not Verified
                                                                  Digitally Signed
                                                                  Signed by: BHABAGRAHI JHANKAR
                                                                  Reason: Authentication
                                                                  Location: ORISSA HIGH COURT, CUTTACK
                                                                  Date: 07-Mar-2026 15:21:55
    
    
    
    
                  IN THE HIGH COURT OF ORISSA AT CUTTACK
    
                                CRLA No.1145 of 2025
           (In the matter of an application under Section 415(2) of Bharatiya
           Nagarik Suraksha Sanhita, 2023 corresponding to Section 374(2) of
           Criminal Procedure Code, 1973).
           Sanat Kumar Pradhan                        ....                 Appellant (s)
    
                                           -versus-
    
           State of Odisha                            ....           Respondent (s)
    
         Advocates appeared in the case through Hybrid Mode:
    
           For Appellant (s)           :        Mr. Satya Narayan Mishra-4, Adv.
    
    
           For Respondent (s)          :                   Ms. Gayatrii Patra, ASC
                                                                                  .
                     CORAM:
                     DR. JUSTICE SANJEEB K PANIGRAHI
    
                         DATE OF HEARING:-21.01.2026
                        DATE OF JUDGMENT:-13.02.2026
         Dr. Sanjeeb K Panigrahi, J.
    

    1. The present appeal arises out of the judgment dated 09.04.2025 passed

    by the learned Ad-hoc Additional District & Sessions Judge (FTSC),

    SPONSORED

    Kandhamal, Phulbani in C.T. No. 05 of 2024, arising from Phiringia

    P.S. Case No. 31 dated 30.01.2024, whereby the appellant Sanat Kumar

    Pradhan was convicted for offences under Section 6(1) of the POCSO

    Act and Section 376(2)(n) IPC, and sentenced to undergo rigorous

    imprisonment for 20 years with fine of ₹20,000/-, while the co-accused

    parents were acquitted of charges under Sections 498-A/506 IPC.

    
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                                                                    Date: 07-Mar-2026 15:21:55
    
    
    
    
    I.    FACTUAL MATRIX OF THE CASE:
    
     2.   The brief facts of the case are as follows:
    
          (i)     The prosecution case, in brief, is that on 18.07.2016, when the
    
    

    victim was allegedly about 17 years old, the appellant came to

    her house during the absence of her parents and allegedly

    committed forcible sexual intercourse, threatening her not to

    disclose the incident.

    (ii) The victim later disclosed the incident to her mother, who

    informed the victim’s father. A village meeting was convened,

    wherein the appellant allegedly admitted the incident and the

    parties decided that the appellant would marry the victim after

    she attained majority.

    (iii) During the intervening years, the appellant allegedly continued

    visiting the victim and maintaining physical relations with her.

    After the victim attained majority, the parties solemnized

    marriage on 12.05.2021 according to their customs.

    (iv) After the marriage, the couple allegedly lived together for about

    10-15 days, following which the appellant left the matrimonial

    house and did not maintain contact with the victim.

    (v) The victim alleged that thereafter she was subjected to

    harassment by her parents-in-law and that on 22.11.2021, they

    attempted to kill her by pressing a pillow on her face while she

    was sleeping. The victim thereafter returned to her parental

    house and eventually lodged an FIR on 30.01.2024, nearly eight

    years after the alleged initial incident.

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    (vi) During investigation, the victim’s statement was recorded under

    Section 164 CrPC, medical examinations were conducted, the

    school admission register was seized to determine age, and the

    accused was arrested on 08.03.2024.

    (vii) The prosecution examined 16 witnesses including the victim,

    her mother, medical officers, investigating officer, and village

    witnesses. The defence examined one witness denying the

    allegations.

    (viii) Upon appreciation of the evidence, the Trial Court convicted the

    appellant for aggravated penetrative sexual assault and

    repeated rape, but acquitted the co-accused parents for offences

    under Sections 498-A and 506 IPC due to lack of specific

    evidence.

    II. SUBMISSIONS ON BEHALF OF THE APPELLANT:

    3. The learned counsel for the Appellant respectfully and earnestly made

    the following submissions in support of his contentions:

    (i) The appellant contends that the conviction is unsustainable as

    the trial court failed to properly appreciate the evidence and

    relied upon weak and unreliable testimony without adequate

    corroboration.

    (ii) It is argued that the prosecution case rests primarily on the

    testimony of the victim and her mother, both being interested

    witnesses, while the majority of independent witnesses did not

    support the prosecution case.

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    (iii) The appellant emphasizes that there was an inordinate delay of

    nearly eight years in lodging the FIR, which remains

    unexplained and raises serious doubt about the genuineness of

    the allegations.

    (iv) It is further submitted that the alleged conduct of the victim in

    maintaining a relationship with the appellant and eventually

    marrying him in 2021 indicates that the relationship was

    consensual rather than coercive.

    (v) The defence argues that medical evidence does not corroborate

    the allegations of rape, as the medical examination conducted in

    2024 did not reveal any signs of injury or recent sexual

    intercourse.

    (vi) The appellant challenges the determination of the victim’s age,

    contending that reliance on the school admission register is

    unreliable as the source of the date of birth was not proved and

    the father who allegedly supplied the information was not

    examined.

    (vii) It is also argued that the investigating officer admitted in cross-

    examination that birth certificate, anganwadi records, or the first

    school certificate were not collected, which casts doubt on the

    finding that the victim was a minor at the time of occurrence.

    (viii) The appellant further submits that material witnesses such as

    the victim’s father and the scribe of the FIR were not examined,

    creating gaps in the prosecution case. The prosecution failed to

    investigate crucial aspects such as the alleged village meeting or

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    documentary proof of such resolution, thereby weakening the

    prosecution narrative.

    (ix) The appellant also argues that the trial proceedings were

    conducted in violation of the Juvenile Justice Act, as the

    investigation records allegedly indicated that the accused

    himself might have been a juvenile at the time of the alleged

    occurrence.

    (x) On these grounds, the appellant submits that the conviction is

    based on flimsy reasoning and incomplete investigation, and

    therefore deserves to be set aside.

    III. SUBMISSIONS ON BEHALF OF THE RESPONDENT:

    4. Per contra, the learned counsel for the Respondent earnestly made the

    submission that the present CRLA deserves to be rejected in limine.

    (i) The respondent submits that the judgment of conviction passed

    by the Trial Court is well-reasoned and based on proper

    appreciation of evidence, and therefore the appeal deserves

    dismissal.

    (ii) It is contended that the testimony of the victim is clear,

    consistent, and reliable, and that in cases of sexual offences the

    statement of the victim alone can form the basis of conviction.

    (iii) The prosecution submits that the victim has clearly deposed that

    the appellant forcibly committed sexual intercourse when she

    was alone at home, and threatened her not to disclose the

    incident.

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    (iv) The respondent further contends that the victim’s mother

    corroborated the disclosure made immediately after the

    incident, which strengthens the credibility of the prosecution

    case.

    (v) It is argued that a village meeting was convened after the

    incident, during which the appellant allegedly admitted his guilt

    and agreed to marry the victim once she attained majority.

    (vi) The prosecution asserts that the subsequent marriage between

    the parties in 2021 and the conduct of the appellant’s family

    reflect an acknowledgment of the incident and provide

    circumstantial corroboration.

    (vii) The respondent further submits that the delay in lodging the FIR

    stands sufficiently explained, as the families initially attempted

    to resolve the matter through community mediation and waited

    until the victim attained majority for marriage.

    (viii) It is contended that the school admission register constitutes

    reliable documentary evidence regarding the age of the victim

    and establishes that she was below eighteen years at the time of

    the incident.

    (ix) The respondent argues that the testimony of several village

    witnesses regarding the meeting and subsequent marriage

    arrangement supports the version of the victim.

    (x) It is therefore submitted that the prosecution has successfully

    proved the offences under Section 6(1) of the POCSO Act and

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    Section 376(2)(n) IPC beyond reasonable doubt, and the

    conviction requires no interference.

    IV. FINDINGS OF THE AD HOC ADDITIONAL DISTRICT AND SESSIONS JUDGE
    (FTSC), KANDHAMAL, PHULBANI:

    5. The Trial Court, upon perusal of the facts, observed as under:

    (i) The Court first addressed the issue of age of the victim, relying

    primarily on the school admission register produced by the

    headmistress, which recorded the victim’s date of birth as

    05.02.2000, thereby holding that she was a minor on the date of

    occurrence.

    (ii) The Court rejected the defense argument based on the medical

    officer’s reference to the victim’s age in the Aadhaar card,

    holding that the school register carried greater evidentiary value

    in determining age.

    (iii) In assessing the offence of rape, the Trial Court placed

    substantial reliance on the testimony of the victim (PW-1) and

    her mother (PW-2), considering their statements to be consistent

    and credible.

    (iv) The Court also relied on the evidence of village witnesses who

    referred to a community meeting and decision to solemnize

    marriage, treating it as corroborative of the victim’s allegation.

    (v) The Trial Court observed that the absence of medical evidence of

    injury was not fatal to the prosecution case, as the medical

    examination was conducted several years after the alleged

    incident.

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    (vi) With regard to the delay in lodging the FIR, the Court accepted

    the prosecution explanation that the families initially attempted

    a settlement through marriage and therefore refrained from

    approaching the police.

    (vii) The Court further held that the continued relationship between

    the parties after the incident and the eventual marriage did not

    negate the offence, as the victim was allegedly below eighteen

    years at the time of the initial sexual act, making consent legally

    irrelevant under the POCSO Act.

    (viii) On the allegation of cruelty and criminal intimidation by the

    parents-in-law, the Court found that the evidence was general

    and lacked specific instances, and therefore acquitted them of

    charges under Sections 498-A and 506 IPC.

    (ix) Ultimately, the Court concluded that the prosecution had

    proved beyond reasonable doubt that the appellant repeatedly

    committed sexual intercourse with the victim when she was a

    minor, thereby attracting Section 6(1) POCSO Act read with

    Section 376(2)(n) IPC.

    (x) Accordingly, the Trial Court convicted the appellant and

    imposed rigorous imprisonment for 20 years along with fine,

    while directing payment of ₹5,00,000 compensation to the victim

    through DLSA.

    V. COURT’S REASONING AND ANALYSIS:

    6. Heard Learned Counsel for the parties and perused the documents

    placed before this Court.

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    7. The present appeal arises from a set of facts which must be examined

    with care. The circumstances reflected in the record also indicate

    certain social realities in which the events are said to have unfolded.

    The Court is therefore required to scrutinize the evidence on record

    and consider whether the findings recorded by the learned Trial Court

    call for interference in appeal.

    8. In an appeal by a convicted accused, the High Court must conduct a

    fresh appraisal of the entire record; it is duty bound, in the same way

    as the trial court, to test the evidence extrinsically as well as

    intrinsically and arrive at an independent conclusion on guilt or

    innocence. if on re-appraisal two views are possible, the appellate

    court must adopt the view favourable to the accused and extend the

    benefit of reasonable doubt. At the same time, it should not overturn a

    trial court’s conviction simply by focusing on minor inconsistencies or

    technicalities.

    9. As held by the Supreme Court in the case of State of Rajasthan v. N.K.1.

    Once the prosecution makes a convincing case for recording a finding

    of guilt, courts must not lean toward acquittal by giving weight to

    irrelevant or insignificant circumstances or treating unfounded doubts

    as real. The Court held as follows:

    “It is true that the golden thread which runs throughout the
    cob-web of criminal jurisprudence as administered in India
    is that nine guilty may escape but one innocent should not
    suffer. But at the same time no guilty should escape
    unpunished once the guilt has been proved to hilt. An
    unmerited acquittal does no good to the society. If the

    1
    (2000) 7 SCC 195

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    prosecution has succeeded in making out a convincing case
    for recording a finding as to the accused being guilty, the
    Court should not lean in favour of acquittal by giving
    weight to irrelevant or insignificant circumstances or by
    resorting to technicalities or by assuming doubts and giving
    benefit thereof where none exists. A doubt, as understood in
    criminal jurisprudence, has to be a reasonable doubt and not
    an excuse for finding in favour of acquittal. An unmerited
    acquittal encourages wolves in the society being on prawl
    for easy preys, more so when the victims of crime are
    helpless females. It is the spurt in the number of unmerited
    acquittals recorded by criminal courts which gives rise to
    the demand for death sentence to the rapists.”

    10. In sum, the Court may re-examine evidence in full, but must do so

    conscientiously and not disturb a conviction unless the trial court’s

    findings are demonstrably perverse or unsupportable on the record.

    11. In the present case, the Court must therefore examine whether the

    evidence on record, when tested in light of the above principles,

    justifies the conclusion reached by the learned Trial Court. The

    primary issues that arise relate to the determination of the victim’s

    age, the evidentiary value of her testimony and that of the supporting

    witnesses, the explanation offered for the delay in lodging the FIR,

    and the effect of the surrounding circumstances, including the alleged

    village settlement and the subsequent marriage between the parties. It

    is only upon a careful re-appraisal of these aspects, and the overall

    consistency of the prosecution case, that this Court can determine

    whether the finding of guilt recorded by the Trial Court is supported

    by the evidence on record or whether it calls for interference in

    appeal.

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    12. It is well settled that in sexual-offence trials the unshaken testimony of

    a reliable victim (prosecutrix) can by itself sustain conviction. In

    multiple judicial precedents, it has been confirmed that a cogent and

    consistent statement of a prosecutrix need not be discarded merely for

    lack of medical corroboration.

    13. In this regard, the Supreme Court in the recent case of State of

    Himachal v. Manga Singh2 held that the testimony of the prosecutrix

    alone may be sufficient to establish guilt if it inspires confidence. The

    Court held as follows:

    “The conviction can be sustained on the sole testimony of
    the prosecutrix, if it inspires confidence. The conviction can
    be based solely on the solitary evidence of the prosecutrix
    and no-corroboration be required unless there are
    compelling reasons which necessitate the courts to insist for
    corroboration of her statement. Corroboration of the
    testimony of the prosecutrix is not a requirement of law; but
    a guidance of prudence under the given facts and
    circumstances. Minor contractions or small discrepancies
    should not be a ground for throwing the evidence of the
    prosecutrix.”

    14. Likewise, in the present case, the testimony of the victim assumes

    central importance. A careful reading of her deposition shows that she

    has consistently stated that the appellant visited her house in the

    absence of her parents and committed the alleged act, and thereafter

    continued to maintain relations with her over a period of time. Her

    account of the occurrence, the disclosure made to her mother, and the

    circumstances surrounding the village meeting find material support

    in the evidence of PW-2 as well as in the testimony of certain village

    2
    (2019) 16 SCC 759.

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    witnesses who have spoken about the intervention of the community

    and the arrangement that the parties would marry after the victim

    attained majority. The subsequent marriage between the parties,

    though not determinative of guilt by itself, forms part of the

    surrounding circumstances which the prosecution relies upon to show

    that the incident had in fact taken place and was acknowledged

    within the village.

    15. Moreover, the Supreme Court in the case of Bharwada v. State of

    Gujarat3 held that to require corroboration for every rape victim

    would be adding insult to injury and a victim’s credible account must

    be accepted in the absence of affirmative contradictions. The Court

    held as follows:

    “In the Indian setting, refusal to act on the testimony of a
    victim of sexual assault in the absence of corroboration as a
    rule, is adding insult to injury. Why should the evidence of
    the girl or the woman who complains of rape or sexual
    molestation be viewed with the aid of spectacles fitted with
    lenses tinged with doubt, disbelief or suspicion? To do so is
    to justify the charge of male chauvinism in a male
    dominated society.”

    16. If the present case is examined in the light of the above principles, the

    evidence of the victim cannot be approached with a presumption of

    distrust merely because of the circumstances highlighted by the

    defence. The deposition of the victim, when read in its entirety,

    presents a consistent account of the alleged occurrence and of the

    events that followed thereafter. Her statement regarding the

    disclosure made within the family and the subsequent village meeting

    3
    1983 AIR 753

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    also finds some measure of support from the evidence of other

    witnesses who have spoken about the intervention of the community

    and the proposed arrangement of marriage between the parties.

    17. The fact that the matter appears to have initially been addressed

    through such informal means may explain certain features of the

    prosecution case, including the delayed reporting of the incident. At

    the same time, the implications of such circumstances must be

    considered with due caution, and this aspect shall be examined more

    closely at a later stage of the analysis. For the present, it is sufficient to

    note that the testimony of the prosecutrix, when read along with the

    surrounding evidence on record, cannot be discarded at the threshold

    and must be evaluated on its intrinsic credibility and overall

    consistency.

    18. The appellant points to a delay in filing the FIR, but the law treats

    such delays with caution. There are multiple judicial precedents that

    have repeatedly held that in sexual assault cases a delay per se is not

    fatal, given the reasons are plausible. Courts recognize that victims or

    their families may fear social stigma or community pressure, and that

    a delayed complaint can still be credible.

    19. For example, in the case of State of Rajasthan (Supra), the Court

    noted that though there was some delay, it had been satisfactorily

    explained. More importantly, the Court stressed that once an

    otherwise convincing case is made out, must not let doubt become an

    excuse for finding in favour of acquittal. The Court held as follows:

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    “The trial court found the incident, as alleged, proved. In
    the opinion of the learned trial Judge the testimony of the
    prosecutrix inspired confidence. It was corroborated by the
    medical evidence as also by the testimony of her father. The
    prosecutrix was held to be 15 years of age on the date of the
    incident. Though there was delay in lodging the FIR but it
    was satisfactorily explained. Accordingly, the accused-
    respondent was found guilty of the offence punishable under
    Section 376 IPC and sentenced as above.

    A doubt, as understood in criminal jurisprudence, has to be
    a reasonable doubt and not an excuse for finding in favour
    of acquittal. An unmerited acquittal encourages wolves in
    the society being on prawl for easy preys, more so when the
    victims of crime are helpless females. It is the spurt in the
    number of unmerited acquittals recorded by criminal courts
    which gives rise to the demand for death sentence to the
    rapists. The courts have to display a greater sense of
    responsibility and to be more sensitive while dealing with
    charges of sexual assault on women.”

    20. In the present case, the delay in lodging the FIR, though significant,

    cannot by itself be treated as fatal to the prosecution. The record

    indicates that the matter was initially dealt with within the family and

    through a village meeting, where the appellant is said to have agreed

    to marry the victim after she attained majority. These circumstances

    provide some context to the delayed reporting. The delay must

    therefore be assessed alongside the overall evidence on record, rather

    than viewed as a ground to discard the prosecution case outright.

    21. The appellant has also pointed to certain investigative omissions,

    notably, the non-examination of some witnesses and alleged non-

    compliance with procedures. The law addresses such lapses

    carefully. In the case of Takhaji Hiraji v. Thakore Kubersing

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    Chamansing4, the Supreme Court held that the omitting a material

    witness depends on context. Where an “essential part” of the

    prosecution case could have been elucidated by a witness who was

    available but not called, that lapse may warrant an adverse inference

    against the State. The Court held as follows:

    “It is true that if a material witness, which would unfold the
    genesis of the incident or an essential part of the prosecution
    case, not convincingly brought to fore otherwise, or where
    there is a gap or infirmity in the prosecution case which
    could have been supplied or made good by examining a
    witness which though available is not examined, the
    prosecution case can be termed as suffering from a
    deficiency and withholding of such a material witness would
    oblige the Court to draw an adverse inference against the
    prosecution by holding that if the witness would have been
    examined it would not have supported the prosecution case.
    On the other hand if already overwhelming evidence is
    available and examination of other witnesses would only be
    a repetition or duplication of the evidence already adduced,
    non-examination of such other witnesses may not be
    material. In such a case the Court ought to scrutinise the
    worth of the evidence adduced. The court of facts must ask
    itself whether in the facts and circumstances of the case, it
    was necessary to examine such other witness, and if so,
    whether such witness was available to be examined and yet
    was being withheld from the court. If the answer be positive
    then only a question of drawing an adverse inference may
    arise. If the witnesses already examined are reliable and the
    testimony coming from their mouth is unimpeachable the
    Court can safely act upon it uninfluenced by the factum of
    non-examination of other witnesses.”

    22. As for missing documents or procedural irregularities, the authorities

    similarly hold that a defective investigation does not automatically

    4
    AIR 2001 SUPREME COURT 232

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    invalidate a prosecution. An investigating officer’s errors or omissions

    (even serious ones) render the case incomplete but do not void the

    trial. The logic is that justice requires a decision on the proved facts,

    notwithstanding police defects. Thus, even if the police failed to

    secure certain records or neglected to comply strictly with a CrPC

    provision, the merits of the case are determined by the remaining

    legal evidence.

    23. Only if it is shown that prejudice to the accused resulted from the

    lapse will it tilt the balance. In the present case, no material prejudice

    is shown from any investigative gap; the available evidence (medical

    report, scene witnesses, etc.) sufficed to establish guilt. The lapses

    noted by the defence were either immaterial or were adequately

    explained at trial, and therefore do not compel acquittal.

    24. In the present case, the omissions pointed out by the appellant do not

    appear to go to the root of the prosecution case. The non-examination

    of certain witnesses or the absence of some records may, at best,

    reflect imperfections in the investigation; however, they do not by

    themselves render the evidence already on record unreliable. The

    testimony of the victim, supported by the disclosure made to her

    mother and the surrounding circumstances spoken to by other

    witnesses, constitutes the core of the prosecution case. The defence

    has not been able to demonstrate how the alleged lapses have

    materially undermined this evidence or caused any real prejudice to

    the accused. The Court must therefore assess the case on the strength

    of the evidence that has been brought on record rather than allow the

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    entire prosecution to fail on account of investigative shortcomings

    which do not substantially affect the proof of the occurrence.

    25. The next issue pertains to the determination of the age of the parties at

    the relevant time. This assumes significance because the prosecution

    case is not confined to a single date but alleges a course of conduct

    commencing in July, 2016 and continuing thereafter; the legal

    consequences would, therefore, depend upon whether the victim was

    below eighteen years during the period when the acts attracting penal

    liability are alleged. The learned Trial Court has relied upon the

    school admission register proved through the competent witness to

    hold that the victim’s date of birth is 05.02.2000, and thus that she was

    a minor on 18.07.2016. The defence criticism that the source of the date

    of birth was not separately proved, or that other documents such as

    birth certificate/anganwadi records were not collected, is a factor for

    consideration; however, it does not by itself displace the evidentiary

    worth of a contemporaneous school record duly proved, particularly

    when the accused has not produced any better or more reliable

    material to the contrary.

    26. Equally, the plea that the appellant may have been a juvenile at the

    time of the alleged occurrence is an issue that must be tested on the

    basis of legally admissible material and the statutory mechanism; a

    mere suggestion, absent proof, cannot unsettle a finding otherwise

    supported by record. In this backdrop, the determination of the

    victim’s minority at the inception of the occurrence remains a pivotal

    fact against which the remaining evidence has to be assessed.

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    27. The plea that the appellant himself “might have been a juvenile” at

    the time of the first incident cannot be accepted on conjecture. The law

    provides a defined statutory mechanism for raising and determining

    juvenility; but a mere suggestion, absent legally admissible

    foundational material, cannot unsettle a finding otherwise supported

    by the record. In any event, such a plea, where not duly proved,

    cannot be permitted to operate as a blanket answer to a conviction

    resting on proved facts.

    28. This brings the Court to the broader doctrinal question implicated by

    the appellant’s defence: whether the alleged village “settlement” and

    the subsequent marriage solemnised after the victim had attained

    majority can dilute or retrospectively legitimise conduct that is alleged

    to have occurred when the victim was a minor. The answer, in law,

    must be in the negative.

    29. Criminal liability attaches to the act at the time of its commission.

    Where the foundational fact of minority is established, the statutory

    protection is not negotiable; it cannot be postponed by social

    arrangement, nor extinguished by later events.

    30. The POCSO Act is a child-protection statute rooted in constitutional

    morality, not community convenience. The Act itself records that it is

    enacted in furtherance of Article 15(3) and India’s accession to the

    Convention on the Rights of the Child, and it insists that the best

    interests and well-being of the child be regarded as paramount.

    Further, the statute declares that its provisions operate in addition to

    other laws and, in case of inconsistency, shall have overriding effect to

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    the extent of such inconsistency. This legislative architecture leaves no

    room for importing informal “settlements” as a defense, or for

    allowing private compromise to erode statutory safeguards.

    31. It is necessary to clarify, lest the facts be misunderstood: the marriage

    in the present case is not alleged to be a child marriage; it was

    solemnised after the victim attained majority. Yet, that does not

    advance the appellant’s case. A later marriage may be a biographical

    fact, but it is not a legal solvent. If the offence is proved to have

    commenced when the victim was below eighteen, the subsequent

    marriage cannot retrospectively cleanse the initial illegality or bar the

    operation of criminal law. To hold otherwise would be to create, by

    judicial tolerance, an escape route that the statute has consciously not

    provided

    32. The judicial precedents have repeatedly highlighted and cautioned

    courts against the very subterfuge by which sexual offences are

    sought to be softened through compromise or by holding out

    marriage as a “solution”. In State of M.P. v. Madanlal5, the Supreme

    Court reaffirmed that in rape or attempt to rape, the idea of

    compromise is fundamentally alien. It is an offence against society,

    and courts must remain “absolutely away” from adopting a soft

    approach merely because a compromise is projected or marriage is

    suggested as solace. The Court held as follows:

    “We would like to clearly state that in a case of rape or
    attempt of rape, the conception of compromise under no

    5
    [2015] 7 S.C.R. 998

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    circumstances can really be thought of. These are crimes
    against the body of a woman which is her own temple. These
    are offences which suffocate the breath of life and sully the
    reputation. And reputation, needless to emphasise, is the
    richest jewel one can conceive of in life. No one would allow
    it to be extinguished. When a human frame is defiled, the
    “purest treasure”, is lost. Dignity of a woman is a part of
    her non-perishable and immortal self and no one should ever
    think of painting it in clay. There cannot be a compromise or
    settlement as it would be against her honour which matters
    the most. It is sacrosanct. Sometimes solace is given that the
    perpetrator of the crime has acceded to enter into wedlock
    with her which is nothing but putting pressure in an adroit
    manner; and we say with emphasis that the Courts are to
    remain absolutely away from this subterfuge to adopt a soft
    approach to the case, for any kind of liberal approach has to
    be put in the compartment of spectacular error. Or to put it
    differently, it would be in the realm of a sanctuary of error.
    We are compelled to say so as such an attitude reflects lack
    of sensibility towards the dignity, the elan vital, of a
    woman. Any kind of liberal approach or thought of
    mediation in this regard is thoroughly and completely sans
    legal permissibility.”

    33. The doctrinal thread is clear: the dignity of the victim and the public

    interest in deterrence cannot be traded for negotiated quietus.

    34. One disturbing aspect of the present case requires a clear word from

    this Court. The materials indicate that the allegation did not first reach

    the authorities charged with enforcing the law. Instead, it was taken to

    a gathering in the village where elders attempted to “settle” the

    matter by securing a promise of marriage. That course of action is

    deeply troubling. The moment an offence against a minor is alleged,

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    the matter belongs before the law, not before a circle of village

    arbiters.

    35. What happened here reflects a familiar but dangerous pattern. A

    serious allegation is quietly drawn away from the legal system and

    placed before a village forum, where discussions revolve around

    family honour, reputation, and adjustment. In the process, the child’s

    grievance is treated as an inconvenience to be managed rather than a

    wrong to be answered in law. This Court is not unaware of the social

    realities in which many such incidents arise, particularly in rural

    communities where informal structures of authority often influence

    how disputes are handled. Yet recognition of those realities cannot

    extend to accepting them as substitutes for the law. To allow a

    criminal offence against a child to be absorbed into such informal

    arrangements would amount to a deeply disturbing inversion of the

    legal order.

    36. This Court cannot treat such conduct lightly. A sexual offence against

    a minor is a grave crime. When a group of local notables sits in

    judgment and decides that the issue can be resolved through

    assurances of marriage, they behave as though the criminal law stops

    at the boundary of the village. The law does not recognise any such

    boundary.

    37. It must be remembered that no panchayat is a court of law. A

    Sarpanch does not exercise the authority of a magistrate, nor do

    village elders acquire jurisdiction over criminal offences merely by

    convening a meeting. The adjudication of crime belongs to the

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    institutions of the legal system alone. When village bodies assume to

    themselves the task of deciding or “settling” such allegations, they

    step beyond their lawful role and act in clear disregard of the

    authority of law.

    38. The law is also explicit about the duty of those who come to know of

    such offences. The POCSO Act requires that information regarding an

    offence against a child be reported to the police or the Special Juvenile

    Police Unit. The statute does not leave room for quiet compromises or

    informal handling. Those who choose to gather villagers and hush the

    matter up instead of reporting it place themselves in clear disregard of

    that duty.

    39. The authority that accompanies positions such as Sarpanch or

    panchayat member is not a licence to interfere with the criminal

    process. It exists to serve the community within the bounds of law.

    When that influence is used to suppress allegations of sexual

    exploitation of a child, it becomes something far removed from

    leadership.

    40. Courts cannot remain silent in the face of such conduct. If those who

    claim to speak for a village use that standing to stifle a child’s

    complaint and keep the police away, they are not preserving harmony

    but are protecting the wrongdoer and leaving the victim unheard.

    They are simply an attempt to keep a serious crime out of the reach of

    the law.

    41. Those who occupy positions of leadership in a community must

    remember that their authority carries responsibility. A Sarpanch or

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    village elder has no mandate to decide whether a crime against a child

    should reach the police. Their duty is to ensure that the law takes its

    course, not to obstruct it by convening meetings or brokering

    compromises within the village

    VI. CONCLUSION:

    42. For the reasons recorded hereinabove, and those already discussed on

    the merits of the evidence, this Court finds no perversity or illegality

    warranting interference with the judgment of conviction. The appeal

    is accordingly dismissed and the conviction and sentence imposed by

    the learned Trial Court are affirmed.

    43. A copy of this judgment shall be forwarded to the District Magistrate

    and the Superintendent of Police concerned. They shall ensure that

    appropriate sensitisation measures are undertaken at the district and

    village levels so that community functionaries, including Sarpanches,

    ward members and other local representatives, clearly understand

    that allegations of sexual offences against minors are not matters

    capable of private settlement and must be reported to the lawful

    authorities without delay.

    44. The District Administration and the Police authorities shall also take

    steps to ensure that persons occupying positions of authority in

    village institutions are made aware of their statutory obligations

    under the POCSO Act, particularly the duty to report offences

    involving children. It shall be made clear that any attempt by village

    bodies or local leaders to suppress such allegations through informal

    meetings, compromise, or promises of marriage is wholly

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    impermissible. If persons holding positions of influence in the

    community are found to have deliberately prevented or discouraged

    reporting of such offences, appropriate action in accordance with law

    shall be considered.

    45. Interim order, if any, passed earlier stands vacated.

    (Dr. Sanjeeb K Panigrahi)
    Judge
    Orissa High Court, Cuttack,
    Dated the 13th February, 2026/

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