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No effort by prosecution to establish that victim was minor on date of crime: Patna High Court sets aside POCSO conviction

As per the prosecution case, the 8-year-old victim was lured by the appellant with the promise of giving her a lemon. When the victim did not return, the informant, who is also the mother of the victim, went to look for her.

The victim’s mother claimed that she saw the appellant attempting to commit rape on the victim in a room, and thereafter fleeing the scene upon noticing her presence.

A first information report (FIR) was registered against appellant for rape and criminal intimidation under the Indian Penal Code (IPC), and for offences under Sections 4, 6, and 8 of the POCSO Act.

In 2022, the trial court took cognizance and convicted the accused appellant for rape and offences under the POCSO Act.

Source: Barandbench

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