The Allahabad High Court has rejected an appeal to intervene in a case filed under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The court maintained that the victim was a minor at the time of the incident, dismissing the accused’s argument based on a conflicting birth certificate.
Justice Anish Kumar Gupta, presiding over the case, refuted the defense’s claim that the victim’s birth certificate indicated a different date of birth. The court emphasized the significance of the victim’s School Leaving Certificate, stating that, according to Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015, school certificates take precedence over other documents such as birth certificates.
Highlighting a crucial detail, the court pointed out that the birth certificate had been obtained by the accused after the incident, implying an attempt to manipulate legal proceedings. The court asserted that the birth certificate, in this context, held little relevance.
The case involved an application by Puspendra Singh, seeking to quash the charge sheet filed against him under Sections 363, 366, 376 I.P.C., and Section 5/6 of the POCSO Act. The victim’s father had filed an FIR accusing Singh of abducting his minor daughter.
The victim, in her statement under Section 161 CrPC, initially claimed to be 17 years old, having willingly accompanied Singh. However, subsequent investigations revealed her as a minor at the time of the incident. The court considered her School Leaving Certificate, which indicated her minor status.
Despite the victim expressing her willingness to live with the accused, the court held that, given her age, her alleged consent was inconsequential under the POCSO Act and Section 375 IPC. The court underscored that, when exercising powers under Section 482 of the CrPC, the primary consideration is the existence of a prima facie case. Consequently, the court dismissed Singh’s plea, upholding the charges against him and emphasizing the reliability of the victim’s School Leaving Certificate in determining her age.
