Ramesh Vishwakarma vs State Of Chhattisgarh on 12 March, 2026

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    Chattisgarh High Court

    Ramesh Vishwakarma vs State Of Chhattisgarh on 12 March, 2026

    Author: Ramesh Sinha

    Bench: Ramesh Sinha

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                                                                              2026:CGHC:11833-DB
                                                                                             NAFR
    
                                        HIGH COURT OF CHHATTISGARH AT BILASPUR
    
    
                                                     CRA No. 1387 of 2024
    
                           Ramesh Vishwakarma S/o Vinod Vishwakarma Aged About 25 Years R/o
                           Village Bara, Post Bara, P.S. Rajnagar, District : Chhatarpur, Madhya
                           Pradesh
                                                                                     ... Appellant(s)
                                                            versus
                           State of Chhattisgarh Through P.S. Gurur, District Balod, Chhattisgarh
                                                                                  ...Respondent(s)

    (Cause-title taken from Case Information System)

    For Appellant : Ms. Khusbhoo Naresh Dua, Advocate.
    For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer.

    SPONSORED

    Hon’ble Shri Ramesh Sinha, Chief Justice
    Hon’ble Shri Ravindra Kumar Agrawal, Judge

    Judgment on Board

    Per Ramesh Sinha, Chief Justice

    12.03.2026

    1. Heard Ms. Khusbhoo Naresh Dua, learned counsel for the appellant.

    Also heard Mr. Shailendra Sharma, learned Panel Lawyer, appearing for

    the State/respondent.

    Digitally
    signed by
    BRIJMOHAN

    2. Today, though the criminal appeal has been listed for hearing on I.A.
    BRIJMOHAN MORLE
    MORLE Date:

    2026.03.13
    18:56:59
    +0530
    No. 3 of 2024, application for suspension of sentence and grant of bail to
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    the appellant, however, with the consent of learned counsel for the parties,

    the appeal is heard finally.

    3. Accordingly, I.A. No. 3 of 2024, application for suspension of

    sentence and grant of bail to the appellant, stands disposed off.

    4. This criminal appeal is preferred under Section 415 (2) of the

    Bharatiya Nagrik Suraksha Sanhita, 2023 (for short, ‘BNSS’) is directed

    against the impugned judgment dated 29.04.2024 passed by the learned

    District Judge (FTSC) and Special Judge (POCSO Act), District Balod

    (C.G.) (for short, ‘learned trial Court’) in Special Sessions Case No. 74 of

    2022, by which the appellant has been convicted and sentenced as under:

                   Conviction                             Sentence
    
         Section 363 of the the Indian Rigorous        imprisonment    (for   short,
    
         Penal Code (for short, 'IPC')    'R.I.') for 03 years and fine of Rs.100/-,
    
                                          in default of payment of fine, 01 year
    
                                          R.I. more.
    
         Section 366 of the IPC           R.I. for 05 years and fine of Rs.2000/-,
    
                                          in default of payment of fine, 01 year
    
                                          R.I. more.
    
    

    Section 6 of the Protection of R.I. for 20 years and fine of Rs.2000/-,

    Children from Sexual Offences in default of payment of fine, 01 year

    Act, 2012 (for short, ‘POCSO R.I. more.

    Act’)

    All the sentences shall run concurrently.

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    5. Learned State counsel submits that the notice issued to the father of

    the victim (PW-2) has been duly served; however, none has appeared on

    behalf of the victim to contest the present appeal.

    6. The prosecution case, in brief, is that the complainant/father of the

    victim (PW-2) appeared at Police Station Gurur on 20.05.2022 and orally

    submitted an application, on the basis of which a report was registered. He

    stated that he works as a labourer. The date of birth of his daughter/victim

    (PW-1) is 21.08.2006, and she was 15 years, 08 months, and 29 days old

    at the relevant time. On 19.05.2022, sometime between 09:00 a.m. and

    5:00 p.m., she left the house without informing anyone and has not

    returned home since. He searched for her in the surrounding areas and

    among relatives, but no information about her whereabouts could be

    found. He further described his daughter as having a fair complexion,

    round face, height of about 5 feet, normal build, and long black hair. She

    was wearing a white salwar suit, a nose pin, earrings, and slippers. She

    had studied up to Class 10 and speaks Chhattisgarhi.

    7. Based on the above oral report of the victim’s father, Missing Person

    Report No. 33 of 2022 was registered at Police Station Gurur, and a

    search for the missing girl was initiated. Subsequently, Crime No.269 of

    2022 was registered under Section 363 of the IPC, and the First

    Information Report (FIR) Ex. P/10 was recorded, and investigation

    commenced. During the course of investigation, the abducted victim was

    recovered from the custody of the accused/appellant, Ramesh

    Vishwakarma, at Police Station Rajnagar, District Chhatarpur (M.P.). Upon

    interrogation of the rescued victim, it was revealed that the
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    accused/appellant, knowing that she was a minor belonging to a

    Scheduled Tribe (Halba caste), had enticed and taken her away by luring

    her with the promise of marriage and keeping her as his wife. It was further

    found that the accused/appellant had forcibly established physical

    relations with the victim repeatedly from 20.05.2022 to 14.07.2022.

    Consequently, additional sections were invoked in the case, namely

    Sections 366, 376(2)(d), and 376(3) of the IPC, Sections 4, 5(ठ), and 6 of

    the POCSO Act, and Section 3(2)(a) of the SC/ST (Prevention of

    Atrocities) Act.

    8. After completion of the entire investigation, and upon finding that the

    accused/appellant had committed the above offences, Police Station Gurur

    submitted the charge-sheet against the accused/appellant before the

    learned trial Court on 10.08.2022 for trial under the aforementioned

    sections.

    9. In this case, the previous Presiding Officer framed charges against

    the accused/appellant under Sections 363, 366, and 376(2)(k) of the IPC,

    Section 5(8)/6 of the POCSO Act, and Section 3(2)(V) of the Scheduled

    Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. When

    the charges were read over and explained to the accused/appellant, he

    denied the allegations and prayed for trial.

    10. Statements of the witnesses under Section 161 of the Cr.P.C. were

    recorded by the police during the investigation.

    11. During the trial, the prosecution examined eight witnesses as PW-1

    to PW-8 and exhibited 37 documents as Exs.P/1 to P/37, as well as two
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    articles marked as A(C) and B(C). In order to prove the defence, the

    appellant did not examine any witness or exhibit any document.

    12. After appreciation of the oral as well as documentary evidence

    produced by the prosecution, the learned trial Court convicted the

    appellant and sentenced him as mentioned in the fourth paragraph of this

    judgment. Hence, the present appeal.

    13. Learned counsel for the appellant submits that the impugned

    judgment of conviction and sentence is bad both in law and on facts and,

    therefore, deserves to be set aside, as the learned trial Court has failed to

    appreciate the evidence available on record in its proper perspective. It is

    contended that the learned trial Court has erred in placing reliance upon

    the testimonies of prosecution witnesses who are admittedly interested

    witnesses, being close family members of the victim, and whose

    statements suffer from material contradictions and inconsistencies.

    Despite such infirmities, the learned trial Court failed to scrutinize their

    evidence with the caution required under law. She further submits that the

    determination of the victim’s age has not been conducted in accordance

    with the settled legal principles, and no reliable documentary evidence was

    duly proved to conclusively establish the age of the victim. Consequently,

    the finding recorded by the learned trial Court regarding the age of the

    victim is perverse and unsustainable in law. It is further contended that the

    victim and the appellant were admittedly in a consensual love relationship

    and had solemnized marriage at Khajuraho (M.P.), after which they lived

    together as husband and wife peacefully from 20.05.2022 to 14.07.2022.

    She would further submit that during the entire alleged period, the victim
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    suffered no injuries, nor did she lodge any complaint with anyone despite

    travelling with the appellant in public transport over a considerable

    distance. Such conduct, clearly indicates that the victim had voluntarily

    accompanied the appellant and was never “enticed” or taken away against

    her will.

    14. Learned counsel for the appellant further submits that the MLC

    report (Ex.P/34A) clearly indicates that the victim had neither internal nor

    external injuries, thereby suggesting absence of any violence. It is also

    submitted that the FSL report (Ex.P/32) does not support the prosecution

    case regarding the alleged sexual assault. These important aspects of the

    evidence have not been properly considered by the learned trial Court,

    resulting in serious prejudice to the appellant and leading to a grave

    miscarriage of justice.

    15. It is further contended by the learned counsel for the appellant that

    the prosecution evidence, as a whole, does not inspire confidence and is

    insufficient to establish the guilt of the appellant beyond reasonable doubt.

    The learned trial Court has failed to properly appreciate the defence

    submissions as well as the contradictions in the statements of prosecution

    witnesses, particularly with respect to the age and consent of the victim. It

    is also urged that the findings recorded in the impugned judgment are

    erroneous, contrary to law, and based on surmises and conjectures. The

    evidence relied upon by the learned trial Court is not of such a nature from

    which a definite inference of guilt could safely be drawn against the

    appellant.

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    16. On an overall appreciation of the material available on record, it is

    submitted that the prosecution has failed to prove the charges framed

    against the appellant beyond reasonable doubt. Therefore, the conviction

    recorded by the learned trial Court is unsustainable in law and the

    appellant deserves to be acquitted of all the charges levelled against him.

    In support of her submissions, learned counsel for the appellant has

    placed reliance upon the judgments of Ashik Ramjaii Ansari vs. State of

    Maharashtra & Another, reported in 2023 SCC OnLine Bom 1390 and

    Moneshwar Alias Rinku Katlam vs. State of Chhattisgarh, reported in

    2026 SCC OnLine Chh 1946. It is submitted that in Ashik Ramjaii Ansari

    (supra), the Court observed that when the conduct of the victim indicates

    that she voluntarily accompanied the accused and there is absence of

    injuries or other corroborative evidence indicating force, the prosecution

    case must be scrutinized with great caution. Similarly, in Moneshwar

    Alias Rinku Katlam (supra), the Court held that where the evidence on

    record reflects a consensual relationship and the prosecution fails to

    establish the essential ingredients of the offence beyond reasonable

    doubt, the benefit of doubt must go to the accused. Relying on the

    principles laid down in the aforesaid decisions, it is argued that the

    appellant is entitled to the benefit of doubt and consequent acquittal.

    17. On the other hand, learned State counsel opposes the arguments

    advanced by the learned counsel for the appellant and submits that the

    impugned judgment of conviction and sentence has been passed after due

    appreciation of the oral as well as documentary evidence available on

    record and does not suffer from any illegality or perversity warranting

    interference by this Court. It is submitted that the prosecution has
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    successfully proved the age of the victim through cogent and reliable

    documentary evidence, particularly the Birth Certificate (Article A(C)),

    wherein the date of birth of the victim is recorded as 21.08.2006, which

    clearly establishes that the victim was a minor on the date of the incident.

    The learned trial Court has rightly relied upon the said document while

    recording the finding regarding the age of the victim. It is further submitted

    that the testimony of the victim is trustworthy, cogent, and inspires

    confidence, and the same stands duly corroborated by other prosecution

    witnesses. The mere relationship of the witnesses with the victim does not

    render their evidence unreliable, particularly when their statements remain

    consistent on material particulars. It is further contended that consent is

    immaterial in cases involving a minor, and the alleged love affair or

    marriage, even if accepted, does not dilute the statutory offence under the

    IPC and the POCSO Act. The learned trial Court has rightly rejected the

    defence version and has correctly appreciated the legal position governing

    the case. Lastly, it is argued that the prosecution has proved the charges

    against the appellant beyond reasonable doubt, and no ground is made

    out for interference with the impugned judgment. Accordingly, it is prayed

    that the present appeal deserves to be dismissed.

    18. We have heard learned counsel for the parties and perused the

    record of the trial Court with utmost circumspection.

    19. The first and foremost question arose for the consideration would be

    whether the victim was minor and less than 18 years of age on the date of

    incident or not ?

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    20. In order to determine the age of the victim, this Court has carefully

    examined the evidence available on record. The prosecution has relied

    upon the FIR (Ex.P/10), the missing person report, the statements of the

    father of the victim and the victim herself, the birth certificate (Article A-C),

    as well as the testimony of the Investigating Officer. All these documents

    and oral testimonies consistently record the date of birth of the victim as

    21.08.2006, thereby forming a coherent and consistent chain of evidence

    regarding her age.

    21. The father of the victim (PW-2), in his judicial testimony, has

    categorically stated that the date of birth of his daughter is 21.08.2006 and

    that she was born in their village. He further deposed that the police had

    issued a notice to him for the production of documents relating to the caste

    of the victim, which is Ex.P/12. He stated that he had provided the birth

    certificate of the victim, issued by the Government of Chhattisgarh

    (Planning, Economic and Statistics Department), Directorate of Economics

    and Statistics, to the police for the purpose of establishing the age of the

    victim. The said document was seized by the police and a seizure memo

    (Ex.P/13) was prepared, bearing his signatures. He further stated that he

    had subsequently produced the original birth certificate before the learned

    trial Court, which, upon comparison with the certified copy already placed

    on record, was found to be correct. Accordingly, the original birth certificate

    was marked as Article A, while its certified copy was marked as Article A-C.

    He also deposed that the police retained the verified copy of the birth

    certificate in the case record and returned the original to him on

    Supurdnama (Ex.P/14). He further stated that he has two children, the

    victim being the younger child, and an elder son. His testimony remained
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    unshaken during cross-examination, and no material contradiction could

    be elicited so as to discredit his version.

    22. The victim (PW-1) herself, in her examination-in-chief before the

    learned trial Court, has clearly stated that her date of birth is 21.08.2006

    and that she has one elder brother. Her testimony regarding her age has

    remained consistent, and nothing material has been elicited during her

    cross-examination to cast any doubt upon the correctness of her stated

    date of birth.

    23. Upon a cumulative appreciation of the oral as well as documentary

    evidence available on record, it becomes evident that the date of birth of

    the victim as 21.08.2006 stands duly proved. The evidence adduced by

    the prosecution in this regard is consistent, reliable, and legally admissible,

    and there is no material on record to discredit the same. Accordingly, this

    Court is of the considered view that on the date of the incident the victim

    was a minor and below 18 years of age.

    24. Very recently, the Hon’ble Supreme Court in the matter of Birka

    Shiva v. State of Telangana, reported in 2025 SCC OnLine SC 1454 has

    observed as under:

    “8. The evidentiary value of such an entry made in public or
    official registers may be admissible in evidence under
    Section 35 of the Indian Evidence Act, 1872. However,
    admissibility is distinct from probative value. While such
    documents may be admitted into evidence, their evidentiary
    weight depends on proof of their authenticity and the
    source of the underlying information. Mere production and
    marking of a document as exhibited by the Court does not
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    amount to proof of its contents. Its execution has to be
    proved by leading substantive evidence, that is, by the
    ‘evidence of those persons who can vouchsafe for
    Hereinafter referred to as the ‘Evidence Act‘ the truth of the
    facts in issue’. [See: Narbada Devi Gupta v. Birendra
    Kumar Jaiswal] We
    may refer to a few judicial
    pronouncements of this Court in this regard:

    8.1. This Court, in Birad Mal Singhvi v. Anand Purohit,
    held that the entries contained in the school register
    are relevant and admissible but have no probative
    value unless the person who made the entry or
    provided the date of birth is examined. It was
    observed:

    “14. … If entry regarding date of birth in the
    scholar’s register is made on the information given
    by parents or someone having special knowledge
    of the fact, the same would have probative value.

    … The date of birth mentioned in the scholars’
    register has no evidentiary value unless the
    person who made the entry or who gave the date
    of birth is examined. The entry contained in the
    admission form or the scholar’s register must be
    shown to be made on the basis of information
    given by the parents or a person having special
    knowledge about the date of birth of the person
    concerned. If the entry in the scholar’s register
    regarding date of birth is made on the basis of
    information given by parents, the entry would have
    evidentiary value, but if it is given by a stranger or
    by someone else who had no special means of
    knowledge of the date of birth, such an entry will
    have no evidentiary value. …

    12

    15. Section 35 of the Indian Evidence Act lays
    down that entry in any public, official book,
    register, record stating a fact in issue or relevant
    fact and made by a public servant in the discharge
    of his official duty specially enjoined by the law of
    the country is itself the relevant fact. To render a
    document admissible under Section 35, three
    conditions must be satisfied, firstly, entry that is
    relied on must be one in a public or other official
    book, register or record; secondly, it must be an
    entry stating a fact in issue or relevant fact; and
    thirdly, it must be made by a public servant in
    discharge of his official duty, or any other person
    in performance of a duty specially enjoined by law.
    An entry relating to the date of birth made in the
    school register is relevant and admissible under
    Section 35 of the Act, but the entry regarding the
    age of a person in a school register is of not much
    evidentiary value to prove the age of the person in
    the absence of the material on which the age was
    recorded. … The courts have consistently held
    that the date of birth mentioned in the scholar’s
    register or secondary school certificate has no
    probative value unless either the parents are
    examined or the person on whose information the
    entry may have been made is examined…”

    (Emphasis Supplied)

    This decision has been consistently followed by
    this Court in Pratap Singh v. State of Jharkhand;
    Babloo Pasi v. State of Jharkhand; Murugan v.

    State of T.N.; State of M.P. v. Munna; C.
    Doddanarayana Reddy v. C. Jayarama Reddy
    ;

    and Manak Chand v. State of Haryana.

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    8.2. A coordinate Bench of this Court in State of
    Chhattisgarh v. Lekhram
    , through S.B. Sinha, J.,
    clarified that though entries in school registers are
    admissible under Section 35 of the Evidence Act, their
    evidentiary value improves only when corroborated by
    oral testimony of persons who are aware of its content,
    such as parents or the person who made the entry at
    the time of admission. It held as under:

    “12. A register maintained in a school is
    admissible in evidence to prove date of birth of
    the person concerned in terms of Section 35 of
    the Evidence Act. Such dates of births are
    recorded in the school register by the authorities
    in discharge of their public duty. PW 5, who was
    an Assistant Teacher in the said school in the
    year 1977, categorically stated that the mother of
    the prosecutrix disclosed her date of birth. The
    father of the prosecutrix also deposed to the said
    effect.

    13. …The materials on record as regards the age
    of the prosecutrix were, therefore, required to be
    considered in the aforementioned backdrop. It
    may be true that an entry in the school register is
    not conclusive, but it has evidentiary value. Such
    evidentiary value of a school register is
    corroborated by oral evidence as the same was
    recorded on the basis of the statement of the
    mother of the prosecutrix.”

    8.3. Similarly, this Court in Satpal Singh v. State of
    Haryana
    , stated that though a document may be
    admissible, but to determine whether the entry
    contained therein has any probative value, may still be
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    required to be examined in the facts and
    circumstances of a particular case. It held as follows:

    “26. In Vishnu v. State of Maharashtra [(2006) 1
    SCC 283 : (2006) 1 SCC (Cri) 217] while dealing
    with a similar issue, this Court observed that very
    often parents furnish incorrect date of birth to the
    school authorities to make up the age in order to
    secure admission for their children. For
    determining the age of the child, the best
    evidence is of his/her parents, if it is supported by
    unimpeccable documents. In case the date of
    birth depicted in the school register/certificate
    stands belied by the unimpeccable evidence of
    reliable persons and contemporaneous
    documents like the date of birth register of the
    municipal corporation, government
    hospital/nursing home, etc., the entry in the
    school register is to be discarded.

    xxx

    28. Thus, the law on the issue can be
    summarised that the entry made in the official
    record by an official or person authorised in
    performance of an official duty is admissible
    under Section 35 of the Evidence Act but the
    party may still ask the court/authority to examine
    its probative value. The authenticity of the entry
    would depend as to on whose
    instruction/information such entry stood recorded
    and what was his source of information. Thus,
    entry in school register/certificate requires to be
    proved in accordance with law. Standard of proof
    for the same remains as in any other civil and
    criminal case.”

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    8.4. In Madan Mohan Singh v. Rajni Kant, this Court
    held that the entries made in the official record may be
    admissible under Section 35 of the Evidence Act, but
    the Court has a right to examine their probative value.
    The authenticity of the entries would depend on whose
    information such entries stood recorded. It was held as
    follows :

    “20. So far as the entries made in the official
    record by an official or person authorised in
    performance of official duties are concerned,
    they may be admissible under Section 35 of the
    Evidence Act but the Court has a right to
    examine their probative value. The authenticity
    of the entries would depend on whose
    information such entries stood recorded and
    what was his source of information. The entries
    in school register/school leaving certificate
    require to be proved in accordance with law and
    the standard of proof required in such cases
    remained the same as in any other civil or
    criminal cases.

    21. … For determining the age of a person, the
    best evidence is of his/her parents, if it is
    supported by unimpeachable documents. In
    case the date of birth depicted in the school
    register/certificate stands belied by the
    unimpeachable evidence of reliable persons
    and contemporaneous documents like the date
    of birth register of the Municipal Corporation,
    government hospital/nursing home, etc., the
    entry in the school register is to be discarded.
    …”

    16

    8.5. This Court, in Alamelu v. State, while dealing with
    a similar factual matrix, held that the prosecution had
    failed to prove that the girl was a minor at the relevant
    date since the transfer certificate of a Government
    School showing age was not duly proved by witnesses.
    It observed as under:

    “40. Undoubtedly, the transfer certificate, Ext.
    P-16 indicates that the girl’s date of birth was
    15-6-1977. Therefore, even according to the
    aforesaid certificate, she would be above 16
    years of age (16 years 1 month and 16 days)
    on the date of the alleged incident i.e. 31-7-
    1993. The transfer certificate has been issued
    by a government school and has been duly
    signed by the Headmaster. Therefore, it would
    be admissible in evidence under Section 35 of
    the Evidence Act, 1872. However, the
    admissibility of such a document would be of
    not much evidentiary value to prove the age of
    the girl in the absence of the material on the
    basis of which the age was recorded. The date
    of birth mentioned in the transfer certificate
    would have no evidentiary value unless the
    person who made the entry or who gave the
    date of birth is examined.

    41. We may notice here that PW 1 was
    examined in the Court on 9-8-1999. In his
    evidence, he made no reference to the transfer
    certificate (Ext. P-16). He did not mention the
    girl’s age or date of birth. PW 2 was also
    examined on 9-8-1999. She had also made no
    reference either to her age or to the transfer
    certificate. It appears from the record that a
    17

    petition was filed by the complainant under
    Section 311 CrPC seeking permission to
    produce the transfer certificate and to recall
    PW 2. This petition was allowed. … In her
    cross- examination, she had merely stated that
    she had signed on the transfer certificate, Ext.
    P-16 issued by the school and accordingly her
    date of birth was noticed as 15-6- 1977. She
    also stated that the certificate has been signed
    by the father as well as the Headmaster. But
    the Headmaster has not been examined.
    Therefore, in our opinion, there was no reliable
    evidence to vouchsafe for the truth of the facts
    stated in the transfer certificate.”

    (Emphasis supplied)

    9. In the attending facts, we find that the evidentiary
    value of Ex.P11 is significantly undermined in the
    absence of corroborating material. We say so for the
    following reasons:

    (i) PW-13, who is the Headmaster of Zilla Parishad
    High School, Chandanapur, Peddapalli District
    (erstwhile Karimnagar District), stated that the victim
    studied in his school from 2007 to 2013, i.e., 6th Class
    to 10th Class and that the Admission Register records
    her date of birth as 3rd November 1996. However, in
    his cross-examination, he admitted that he had no
    personal knowledge as to the source or basis on which
    the date of birth was recorded therein or if the recorded
    date of birth was correct or not. The relevant part of his
    testimony is extracted hereunder:

    “…In our school there is not clerk to maintain records. I
    did not produce any certificate pertaining to earlier
    18

    school I, In which P.W.3 studies up to 5th Class. There
    must be basis for entering date of birth of a student in
    our school such as her earlier school record. I do not
    have personal knowledge as to what record was
    produced by parents of P.W. 3 as basis to enter her
    date of birth in our school as I was not Head Master in
    2007.

    I cannot say in which school P.W.3 studied up to 5th
    Class. In the nominal roll register of our school, the
    signature of P.W.3 was obtained. I do not have
    personal knowledge whether the said date of birth of
    P.W.3 was correct or not and I am giving evidence only
    on the basis of record.”

    (Emphasis Supplied)

    (ii) The prosecution has failed to examine the person
    who had made the entry in the Admission Register to
    ascertain on what basis such an entry was made. More
    so, the entry in respect of the date of birth of the victim
    in the primary school register, i.e., 1st Class to 5th
    Class, has not been produced and proved before the
    Courts below to verify the age as per its records. It is
    also not possible to ascertain from the records as to
    whether the date of birth was provided by the parents
    or simply entered at the behest of another party,
    without verification, at the time of admission to Zilla
    Parishad High School.

    (iii) The testimonies of PW-1, PW-2 and PW-3 are also
    telling that none of them mentioned the victim’s age
    with specificity. There is no reference to Ex.P11, and
    no attempt was made by the prosecution to adduce
    corroborative testimony regarding the victim’s date of
    birth from her family members.

    19

    Thus, while examining the issue at hand, on the anvil
    of the principles elucidated above, it is essential to
    notice that the prosecution has failed to toe the line of
    legal requisites. There is nothing on record to
    corroborate the date of birth of the victim as recorded
    in the birth certificate (Ex.P11) issued by the school.
    Therefore, it cannot be relied upon to definitely
    determine the age of the victim and held with certainty
    that the victim was below sixteen/eighteen years of
    age.

    11. Furthermore, none of the victim’s family members,
    i.e., her mother and brothers have said anything about
    the age of the victim in their depositions made in the
    Court. Even the victim is effectively silent on this
    aspect, only stating that she and her siblings were born
    approximately two years apart and thereby making an
    estimation of their ages as well as her own.

    Throughout her deposition, the victim has remained
    silent with regard to her particular date of birth.

    12. Well, suffice it to say that Courts of law cannot make a
    determination of guilt in thin air, based on estimations. In
    the present facts and circumstances, the proof submitted
    by the prosecution in the form of Ex.P11 (birth certificate
    issued by the school) was not sufficient to arrive at a
    finding that the prosecutrix was less than sixteen/eighteen
    years of age, especially when such a document was not
    sufficiently corroborated. Therefore, it was neither safe nor
    fair to convict the appellant based on it, particularly in the
    context where the age of the victim was such a pivotal
    factor.”

    25. Reverting to the facts of the present case in the light of the aforesaid

    legal position, it is evident that both the father of the victim and the victim
    20

    herself have categorically and consistently stated that the date of birth of

    the victim is 21.08.2006. Their testimonies are duly corroborated by the

    contemporaneous documentary evidence available on record, particularly

    the birth certificate (Article A-C) issued by the competent authority of the

    Government of Chhattisgarh, which has been duly proved during the

    course of trial. The said document was produced by the father of the

    victim, seized by the police under seizure memo (Ex.P/13), and

    subsequently the original was produced before the learned trial Court and

    marked as Article A, while its certified copy was marked as Article A-C.

    The Investigating Officer has also supported and proved the said

    document during his deposition.

    26. In the present case, the date of birth of the victim is consistently

    reflected in the oral as well as documentary evidence on record, including

    the FIR (Ex.P/10), the testimony of the victim (PW-1), the testimony of her

    father (PW-2), and the birth certificate (Article A-C). There is no material

    contradiction, inconsistency, or circumstance brought on record by the

    defence to cast any doubt upon the authenticity or correctness of the said

    evidence. Thus, the evidence adduced by the prosecution with respect to

    the age of the victim is consistent, cogent, and reliable, forming a complete

    and credible chain of proof. Accordingly, this Court is satisfied that the

    prosecution has successfully established that the victim was below 18

    years of age on the date of the incident, and therefore the finding recorded

    by the learned trial Court holding the victim to be a minor is well-founded,

    legally sustainable, and calls for no interference.
    21

    27. The next question for consideration would be whether the appellant

    has committed rape upon her or not ?

    28. Very recently, in the matter of Tilku Alias Tilak Singh v. The State

    Of Uttarakhand, reported in 2025 INSC 226, the Supreme Court while

    dealing with the case of S. Varadarajan Vs. State of Madras, reported in

    AIR 1965 SC 942, has held as under :-

    “16. Even if the finding of the learned Single Judge of the
    High Court that the prosecutrix was between 16 to 18 years
    of age is to be accepted, in our view, the offence under
    Sections 363 and 366 IPC would still not be made out.

    17. This Court in the case of S. Vardarajan v. State of
    Madras
    had an occasion to consider almost similar facts
    that arise for consideration in the present case. This Court
    has observed thus:

    “7. …..It will thus be seen that taking or enticing
    away a minor out of the keeping of a lawful
    guardian is an essential ingredient of the offence of
    kidnapping. Here, we are not concerned with
    enticement but what we have to find out is whether
    the part played by the appellant amounts to “taking”

    out of the keeping of the lawful guardian of Savitri.
    We have no doubt that though Savitri had been left
    by S. Natarajan at the house of his relative K.
    Nataranjan she still continued to be in the lawful
    keeping of the former but then the question remains
    as to what is it which the appellant did that
    constitutes in law “taking”. There is not a word in
    the deposition of Savitri from which an inference
    could be drawn that she left the house of K.
    Natarajan at the instance or even a suggestion of
    22

    the appellant. In fact she candidly admits that on
    the morning of October 1st, she herself telephoned
    to the appellant to meet her in his car at a certain
    place, went up to that place and finding him waiting
    in the car got into that car of her own accord. No
    doubt, she says that she did not tell the appellant
    where to go and that it was the appellant himself
    who drove the car to Guindy and then to Mylapore
    and other places. Further, Savitri has stated that
    she had decided to marry the appellant. There is no
    suggestion that the appellant took her to the Sub-
    Registrar’s office and got the agreement of
    marriage registered there (thinking that this was
    sufficient in law to make them man and wife) by
    force or blandishments or anything like that. On the
    other hand the evidence of the girl leaves no doubt
    that the insistence of marriage came from her side.
    The appellant, by complying with her wishes can by
    no stretch of imagination be said to have taken her
    out of the keeping of her lawful guardian. After the
    registration of the agreement both the appellant and
    Savitri lived as man and wife and visited different
    places. There is no suggestion in Savitri’s evidence,
    who, it may be mentioned had attained the age of
    discretion and was on the verge of attaining
    majority that she was made by the appellant to
    accompany him by administering any threat to her
    or by any blandishments. The fact of her
    accompanying the appellant all along is quite
    consistent with Savitri’s own desire to be the wife of
    the appellant in which the desire of accompanying
    him wherever he went was course implicit. In these
    circumstances we find nothing from which an
    inference could be drawn that the appellant had
    23

    been guilty of taking away Savitri out of the keeping
    of her father. She willingly accompanied him and
    the law did not cast upon him the duty of taking her
    back to her father’s house or even of telling her not
    to accompany him. She was not a child of tender
    years who was unable to think for herself but, as
    already stated, was on the verge of attaining
    majority and was capable of knowing what was
    good and what was bad for her…….”

    18. It is thus clear that the prosecutrix, who according
    to the learned Single Judge of the High Court, was
    between 16 to 18 years of age was very much in the
    age of understanding as to what was right and wrong
    for her.”

    29. Upon an exhaustive re-appreciation of the entire evidence on record,

    this Court finds that the prosecution case, far from establishing forcible

    abduction or sexual assault, itself discloses that the relationship between

    the victim and the appellant was one of mutual affection and voluntary

    companionship.

    30. The victim (PW-1), in her deposition before the learned trial Court,

    stated that she resides with her parents and elder brother and that she is

    younger than her brother. She was studying in Class XI and stated that her

    date of birth is 21.08.2006. Her father is engaged in agriculture, while her

    mother works as a sweeper in the village school. She further stated that

    her caste is Halba, which falls under the category of Scheduled Tribe.

    According to her testimony, about one and a half years prior to the

    incident, she received a phone call from an unknown number. Upon

    enquiry, the caller introduced himself as Ramesh Vishwakarma, a resident

    of village Bara, Madhya Pradesh. Thereafter, they started communicating
    24

    regularly over the phone. During their conversations, the appellant

    expressed his love for her and proposed marriage, to which she

    responded positively after a few days.

    31. She further deposed that on 19.05.2022, the appellant came to

    Gurur to meet her and, at his request, she went to the Gurur bus stand,

    where they met and conversed for about two to three hours. Thereafter,

    the appellant took her by bus to Raipur, from where they travelled by train

    to Jhansi and thereafter proceeded to Chhatarpur. She stated that the

    appellant initially took her to the house of his elder sister at village

    Kheerwa, where she stayed with him for about four to five days.

    Thereafter, she was taken to his parental house at village Bara, Madhya

    Pradesh, where she remained for about two weeks. Subsequently, the

    appellant took her to Haryana, where they stayed together for about four to

    five days. The victim further stated that during their stay at the house of the

    appellant’s elder sister, the appellant first established physical relations

    with her despite her refusal. According to her, she was about 15 years old

    at that time and the appellant was aware of her age. She also deposed

    that thereafter both of them were brought by the police to Police Station

    Gurur, where her statement was recorded. She admitted her signatures on

    several documents including the recovery memo (Ex.P/1), the

    Supurdnama (Ex.P/2) through which she was handed over to her parents,

    the consent for medical examination (Ex.P/3), the seizure memo relating to

    the underwear worn at the time of the incident (Ex.P/6), the spot map and

    Panchanama prepared by the Patwari (Exs.P/7 and P/8) and her

    statement recorded before the Judicial Magistrate First Class, Gundardehi

    (Ex.P/9).

    25

    32. In her cross-examination, the victim admitted that she had been

    regularly talking to the appellant over the phone and that at times she

    herself used to call him. She further admitted that she had gone to the

    Gurur bus stand on her own volition to meet the appellant and thereafter

    travelled with him from Gurur to Raipur, then to Jhansi and thereafter to

    Chhatarpur without raising any complaint before any person or authority.

    She also admitted that she stayed with the appellant from 20.05.2022 to

    14.07.2022, during which period they lived together and physical relations

    were established several times. She further stated that the appellant had

    told his relatives that she was 21 years old and that he had applied

    vermilion in the parting of her hair at the Khajuraho temple, Madhya

    Pradesh, which she considered to be a form of marriage.

    33. It further emerges from her testimony that despite the alleged act of

    marriage at the Khajuraho temple, she did not disclose the said fact to her

    parents or any member of her family. She also admitted that she continued

    to accompany the appellant and resided with him at different places during

    the aforesaid period. These admissions are relevant while evaluating the

    overall conduct of the victim as reflected from her own testimony.

    34. The evidence on record further indicates that the victim travelled

    with the appellant across several places including Gurur, Raipur, Jhansi

    and Chhatarpur and later stayed with him in Haryana. During the course of

    this travel and stay, she admittedly did not raise any alarm or complaint

    before any person or authority. The record also does not indicate any

    allegation of force, threat or coercion at the time of undertaking the

    journey.

    26

    35. The conduct of the victim during the period she remained with the

    appellant also assumes relevance. She admitted that she stayed with him

    for a considerable period and moved with him from one place to another.

    There is no specific allegation that she was confined or prevented from

    contacting others during this period. These circumstances require careful

    appreciation while assessing the allegations of kidnapping or abduction.

    36. The allegations relating to sexual intercourse also require scrutiny in

    the light of the entire evidence on record. While the victim stated that the

    appellant established physical relations with her despite her refusal, she

    also admitted that they stayed together for a considerable period and

    physical relations occurred several times during that period. These aspects

    of her testimony require cautious evaluation.

    37. The medical evidence on record also does not reveal the presence

    of any external or internal injuries suggestive of forcible sexual intercourse.

    The medical examination does not record any signs of struggle or

    violence. Though certain samples were collected, the evidentiary value of

    such material must be appreciated in conjunction with the overall evidence

    available on record.

    38. It is well settled that a conviction for sexual offences can be based

    on the sole testimony of the victim if the same is found to be wholly reliable

    and of sterling quality. At the same time, where the evidence on record

    gives rise to reasonable doubt, the Court must evaluate the testimony with

    due caution.

    27

    39. In the present case, the victim admittedly accompanied the appellant

    and travelled with him to different places and stayed with him for a

    considerable period. She also admitted that she did not disclose the

    alleged incidents to any person during the said period. The learned trial

    Court, while recording conviction, appears not to have fully examined the

    effect of these admissions made by the victim during her cross-

    examination.

    40. It is a settled principle of criminal jurisprudence that the prosecution

    is required to prove its case beyond reasonable doubt, and the accused is

    entitled to the benefit of any reasonable doubt arising from the evidence

    on record.

    41. Having considered the entire evidence on record, including the

    testimony of the victim and the surrounding circumstances, this Court is of

    the opinion that certain aspects of the prosecution case create reasonable

    doubt with regard to the essential ingredients of the offences alleged

    against the appellant under Sections 363 and 366 of the IPC as well as the

    provisions of the POCSO Act.

    42. Consequently, the appeal is allowed. The impugned judgment of

    conviction and order of sentence dated 29.04.2024 passed by the learned

    trial Court are hereby set aside, and the appellant is acquitted of all the

    charges levelled against him. The appellant has been in custody since

    15.07.2022 and shall be released forthwith, if not required in any other

    case.

    28

    43. Keeping in view the provisions of Section 437-A of the Cr.P.C. (now

    Section 481 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the

    appellant is directed to furnish a personal bond of Rs. 25,000/- with one

    surety in the like amount before the Court concerned. The said bond shall

    remain effective for a period of six months, along with an undertaking that

    in the event of filing of a Special Leave Petition against this judgment, the

    appellant shall appear before the Hon’ble Supreme Court of India upon

    receipt of notice.

    44. The trial Court record, along with a copy of this judgment, be

    transmitted forthwith to the concerned trial Court for information,

    compliance and necessary action.

                                 Sd/-                                 Sd/-
                      (Ravindra Kumar Agrawal)                 (Ramesh Sinha)
                                Judge                           Chief Justice
    
    
    
    
    Brijmohan
     



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