Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Jan 17: In rape cases, when the accused denies that the victim was a minor, then the onus of proving the age of the victim rests on the prosecution, the high court (HC) has opined.

A man from Mudhol had appealed against the order of the subordinate court sentencing him in a case under the Protection of Children from Sexual Offences (POCSO) Act even though the age of the victim was not proved. A single judge bench of the HC chaired by Justice M G Uma delivered the judgement, quashing a five-year imprisonment imposed on the appellant.

A court in Jamakhandi had held that the rape lof minor under POCSO Act had been proved and therefore imprisoned the accused to five years. The bench said that the actual age of the victim has to be proved, that the victim is a minor and that she was forcibly or through some kind of inducements taken away for developing physical relationship. It also opined that the lower court was not right in determining the age of the victim on the basis of certificate for having studied 8th to tenth standards and the report of the doctor. It said that SSLC or equivalent certificates have to be considered to determine the age in which case no other proof is necessary. If this is not present, the date of birth as recorded in the first school attended has to be taken. If this is not available, certificates issued by city corporation, municipal administration authority or panchayat can be accepted. If none of them are available, doctor's advice to determine the age can be taken, it stated.

The HC noted that in this case, the doctor has certified that the Hymen is torn and there are no visible bodily injuries on the victim.