Nainital, Apr 27 (PTI) The Uttarakhand High Court on Monday upheld a 10-year rigorous imprisonment sentence awarded to a man from Udham Singh Nagar, who was convicted of raping a minor girl under the POCSO Act.
Justice Ashish Naithani dismissed the criminal appeal after ruling that the prosecution proved the case beyond a reasonable doubt.
The district court had convicted the offender in October 2021, who had challenged the order, claiming that the prosecution failed to establish the victim’s status as a minor.
The appellant argued that school records lacked a proven basis for date of birth entries.
The defence also claimed that the absence of a medical age determination weakened the case and questioned the reliability of the FIR and the victim’s testimony.
However, the high court rejected the arguments and observed that school records produced during a trial carry evidentiary value that can be relied upon for age determination.
The court also noted that the defence failed to present any substantial rebuttal against the age records and upheld the finding that the victim was a minor.
Observing that medical evidence is only corroborative in nature, the court held that the absence of physical injuries or a conclusive medical opinion does not negate sexual assault if the victim’s testimony is reliable. PTI COR AKY ARI
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