The High Court dismissed the State's appeal against a Sessions Court acquittal in a rape and kidnapping case. The Court held that the prosecution failed to prove the prosecutrix's minority lacked authentic documents, and the relationship appeared consensual.
The appeal was dismissed, and the acquittal of the respondent was affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Date of decision: 8th January, 2026 Uploaded on: 15th January, 2026
STATE .....Appellant Through: Mr. Ritesh Kumar Bahri, APP with Ms. Divya Yadav, Adv.
versus
SONU @ PARMINDER .....Respondent Through: Mr. S.B. Dandapani, Adv.
CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN
JUDGMENT
Prathiba M. Singh J.,
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Accused, was charge-sheeted by Police Station- Nihal Vihar under Sections 363/376 of the IPC.
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who are as under:
i. PW1- HC Subhash Chand ii. PW2- HC Ram Avtar iii. PW3- L/Ct. Puja iv. PW4- Ms. Ganga v. PW5- Mr. Vilayati Singh vi. PW6- Ct. Gautam vii. PW7- Ms. Sharda Miglani viii. PW8- Mr. Rajiv Ranjan ix. PW9- Mr. Amarnath Singh x. PW10- M.M. Ms. Shivali Sharma xi. PW11- Mrs. Babia xii. PW12- Dr. Parvinder Kaur xiii. PW13- Dr. Rajesh Dalai xiv. PW14- SI Mahender Singh
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xv. PW15- W/ASI Krishna
“35. An important issue in dispute is the age of the prosecutrix. The prosecution has claimed her age to be about 15 years (as per the DD number 19A dated 09.12.2010 wherein her father made the complaint to the police) while the accused has claimed that she was above 18 years and was a major on the date of the alleged offence and they were together with the free consent of the prosecutrix.
36. PW4 has stated in her statement under section 164 of the Cr.P.C. that she is 15 ½ years old on the date of statement i.e. 18.04.2011 which makes her about 15 years old at the time of alleged incident. In her evidence before the Court, she has deposed that she is aged about 17 years on the date of evidence i.e. 17.05.2012 which makes her about 15½ years old at the time of alleged incident.
37. PW5, the father of the prosecutix, has deposed that she was aged about 15 years at the time of incident. Even in the FIR, he has mentioned her age as about 15 years.
38. PW11, the mother of the prosecutrix, has deposed that she was aged about 15 years at the time of incident. Even in the FIR, he has mentioned her age as about 15
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years.
39. PW7, the Principal of the school, has deposed that as per the school records (school admission registerEx.PW7/A), the date of birth of the prosecutrix is 16.03.1995 which makes her age about 15 years and nine months at the time of alleged offence.
40. It is clear from the evidence of the witnesses of the prosecution that they do not have the birth certificate issued by the Municipal Authorities or the MCD. The parents of the prosecutrix have not even deposed her date of birth.
41. It is also borne out of the record that the ossification test of the prosecutrix was not got conducted.
42. Now, the question arises, "As to whether the age as determined by scientific ossification test should be given preference to the oral age aspect of the prosecutrix?" While dealing with similar situation it was observed by Hon'ble Delhi High Court in a case reported as Brii Mohan V. State. 38 (1989) DLT 15 as under
"It is settled law that the absence of cogent evidence such as of birth entry, the determination of age scientifically i.e. by ossification test should be preferred to the other evidence, including an entry in the school register unless that to be flawless.”
43. Further more, in another case reported as Kanchan Dass v. State. 40 (1990) D.L.T. 401 it was held by Hon'ble Delhi High Court while dealing with similar aspect as under
"Assessment of age given on the basis of ossification test is to be preferred when there is doubtful oral evidence and suspicious evidence in the shape of school leaving certificate."
44. So, in view of the aforesaid judgments as rendered by Delhi High Court and applying the same to the facts and circumstances of the present case, it can be safely concluded that the ossification test of the prosecutrix should have been conducted which was to be preferred
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over the-oral age of the prosecutrix and her school records as such information would be furnished to the school by her parents.
45. It is a common knowledge that in India parents generally tell the age of the child in the school much less than the actual age of the child for the reason that he or she may get benefit of the same in future. Present case is also an exception to the same. It is clear that prosecutrix date of birth was not registered. Whatever her parents told verbally was written in the school record. It is evident that there is nothing to show that the said date of birth had been given on the basis of some authentic and credible government record.
46. However, in the present case, there is neither the ossification test of the prosecutrix has been conducted nor there is any Municipal Authority or MCD date of birth certificate of the prosecutrix. Therefore, the school admission register (Ex.PW7/A) or the oral evidence of PWs 4, 5 and 7 cannot be taken into consideration.
47. Therefore, applying the same ratio, it cannot be said that the age of the prosecutrix was about 15 years or that she was a minor on the date of the alleged offence. The prosecution as failed to prove that she was a minor .”
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which proves the age of the Prosecutrix as being a minor. In view of the same, the Trial Court holds that the prosecution has failed to prove that the Prosecutrix was a minor.
“78. In the Court, during trial, the prosecutrix, as PW4, in her evidence. has deposed that she was studying in the 5th class and used to play in the plot nearby along with other children of the locality including accused Sonu @ Parvinder, who was known to her. Accused had obtained the mobile number of her mother and her address from her and thereafter, he started calling her on the said mobile number prior to 05.12.2010. Accused told her that he loves her very much and he also insisted her for the same. Accused also promised her that he will marry her. On one occasion, her mother had heard the conversation going on between them on the phone and thereafter she gave beatings to her as well as to the accused. On the next day, accused had left for Amritsar, Punjab and her mother had destroyed her mobile phone due to which accused had not contacted her from
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Punjab. After some months , he came back to Delhi and managed to trace out her landline number and thereafter started making calls to her. On 04.12.2010 in the evening, he had made a call to her and asked her to meet outside his house at about 5:00 PM but she did not meet him despite the fact that the accused was roaming outside her house. Thereafter, he again made a call and asked her to meet at 5:00 AM on 05.12.2010. On the next day i.e. 05.12.2010 at about 5:00 AM . she left her house leaving behind all her family members sleeping in the house to meet the accused outside her house. The accused allured her on the pretext that he will marry her and he took her to his sister's house at Jammu by bus via GTK Bye Pass, Delhi. The father of the accused had dropped them to GTK Bye Pass, Delhi in his car. While reaching Jammu, he refused to marry her and he kept her inside a separate room in the house of his sister. Accused had confined her there and had torn her wearing clothes and also gave beatings to her. Accused also forcibly removed her under garments and he also removed his clothes and under garments and forcibly committed rape on her against her wishes and without her consent in the room. When she tried to resist, he also caused teeth bite injury on her and he also caused some nail injuries with his hands on her person. When she again insisted accused to marry her and telling him that such things are not always good prior to the marriage, then accused promised her to marry her in Orissa . Accused kept her in the house at Jammu for about five days and during this period, he had committed rape on her many times and thereafter he took her to Orissa by train where he kept her in a house belonging to one of the relatives of his sister for about ten days . She asked the accused there also in Orissa to marry her but accused refused for the same and he again committed rape upon her in the house many times and he also gave beatings to her there also. When all the pocket money was finished, then accused took her to his parents'
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house in Amritsar, Punjab and he kept here there for about 2-3 months . She was confined by the mother of accused in the house in Amritsar for about 4-5 days and she had not even provided food to her. During the stay at Amritsar, the accused had committed rape upon her many times against her wishes and without her consent there also, he refused to marry her despite her repeated requests. The father of the accused also refused for her marriage with the accused. She managed to make a phone call at Delhi to her mother from the mobile phone of the mother of accused . When this fact came in the knowledge of accused, he gave beatings to her for the same. Thereafter, the family of accused got frightened about die police action and thereafter accused brought her to Delhi and thereafter they got down from the bus at GTK By Pass bus stop. As she had already informed her mother from Amritsar from the mobile phone of one neighbour of accused regarding the fact that accused is going to leave her in Delhi, they found police along with her mother already present at GTK By Pass bus stop. Police had apprehended the accused in her presence immediately when they got down from the said bus there. Police had recorded her statement in this case. She was taken to Sanjay Gandhi Memorial Hospital on 27.03.2011 at about 7:55 PM where she was medically examined. Accused was also taken to the same hospital by the police at the same and he was also medically examined there. Her statement (Ex.PW4/A) was also recorded by the learned Metropolitan Magistrate.
79. The prosecutrix , in her statement under section 164 Cr.P.C. has deposed that her father's name is Vilayati Singh. Previously they were residing at Vishnu Garden and thereafter they shifted to Nihal Vihar. There was a big plot belonging to the relative of her mother where the children of all the locality including accused Sonu @Parvinder used to play. Soon he became her friend and obtained her mobile number and address from
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her . Thereafter, he started making call on the number. One day he told her that he loves her and insisted her to do the same. When she accepted it, he told her that he wants to marry her. Her mother heard all the conversation going on between them on phone and gave beatings to her as well as to accused. Thereafter, he left for Amritsar for his sister's house. As her mother had broken the said phone, therefore, she could not talk to him thereafter. After 3-4 years , he returned to Delhi and obtained her landline phone number . He started making call on her landline phone and insisted her to go with him as he wants to marry her. When she denied, he asked her to meet him. On meeting, he again asked her to accompany him and he will marry him. Thereafter, she went away with accused. He took her at Jammu at the house of her elder sister . She asked him to many her but he didn't. Thereafter, he raped her after removing and tearing her clothes and injured her with his nails. He did not many her and repeatedly raped her at Jammu. Then he took her Orissa where they stayed for ten days and as the money had finished he took her to Amritsar to his parents where his mother kept her locked inside a room for 4/5 days, did not give her food and had beaten her. Then she called her mother from the phone of the father of the accused and told her the address which were overheard by the accused and he had beaten her. All of them were scared that her mother would bring the police. Then he left her at Bypass. She had told her mother due to which her mother brought the police and both of them were apprehended.”
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Section 164 of the CrPC would show that there are contradictions in the evidence and the same have been highlighted by the Trial Court in the following manner:
“91. There are several contradictions and glaring discrepancies in the different statements of the prosecutrix which make her version unbelievable. They are tabulated below:
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92. Also there are contradictions in the evidence of the prosecutrix and her parents which cannot be ignored. They are as follows :
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“106. In the present case, it is clear that that the consent of the prosecutrix on the promise to many cannot be said to be under a misconception of fact as she was a major at the time of the alleged incident and intelligent enough to understand the consequences of establishing physical relationship with the accused. Mere promise to marry on an uncertain date does not indicate that the accused has obtained her consent for the physical relationship by fraud or misrepresentation. Consent given by the prosecutrix to have physical relationship with whom she is in love, on a promise that he would marry her on a later date, cannot be considered as given under misconception of fact.”
“110. Applying the above principles of law to the facts of present case, it is evident that the identity of the accused Mr. Sonu @ Parminder stands established. He was known to the prosecutrix even prior to the incident. It also stands established that the prosecutrix was not a minor at the time of the alleged incident i.e. 05.12.2010. It also stands established that the accused had neither kidnapped her nor raped her. The testimony of the prosecutrix does not inspire confidence and does not appear to be voluntary and truthful in so far as the allegations of the accused having kidnapped the prosecutrix and having committed rape upon the prosecutrix. It stands established that the prosecutrix was got recovered at Karnal By Pass along with the accused. It does not establishes that the prosecutrix had been forcibly taken by the accused rather it appears that she had gone by her own consent and had been residing
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with him on the pointing out of her mother and during this period, she had physical relations with the accused with her consent.
111. Therefore, in view of above discussion, the conscience of this Court is completely satisfied that the prosecution has failed to bring home the charge against the accused.”
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to be convicted of the offences under which he has been chargesheeted. 21. On the other hand, Mr. Dandapani, ld. Counsel appearing on behalf of the Respondent through Legal Aid, submits that he is not in touch with the Respondent i.e., the Accused. Further, it is his submission that the impugned judgment passed by the Trial Court is fully reasoned and there is no ground to interfere with the same. It is also his submission that the age of the Prosecutrix has not been proved and her statement also reveals that it was at best a consensual relationship between the Prosecutrix and the Accused. 22. The Court has considered the matter. Repeatedly, the Supreme Court and Co-ordinate Division Benches of different High Courts of this country have made observations in respect of consensual relationships between youngsters who are below the age of 18. The Madras High Court in the decision in Vijayalakshmi v. State, 2021 SCC OnLine Mad 317, while deciding a case pertaining to the Protection of Children from Sexual Offences Act, 2012, (hereinafter, ‘POCSO Act’ ) observed as under:
“ 12. As rightly recognized by the Learned Single Judge of this Court in Sabari's Case (cited supra), incidences where teenagers and young adults fall victim to offences under the POCSO Act being slapped against them without understanding the implication of the severity of the enactment is an issue that brings much concern to the conscience of this Court. A reading of the Statement of Objects and Reasons of the POCSO Act would show that the Act was brought into force to protect children from offences of sexual assault, sexual harassment and pornography, pursuant to Article 15 of the Constitution of India and the Convention on the Rights of the Child. However, a large array of cases filed under the POCSO Act seems to be those arising on the basis of complaints registered by the families of adolescents and teenagers who are involved in romantic
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relationships with each other. The scheme of the Act clearly shows that it did not intend to bring within its scope or ambit, cases of the nature where adolescents or teenagers involved in romantic relationships are
concerned.
13. This Court, therefore, deems it fit and necessary to take a moment to delve into an important aspect, the awareness of which is crucial in understanding and dealing with cases of this nature. It is crucial to be aware of the science and psychology of adolescence and young adulthood at this juncture. ‘This is because social and biological phenomena are widely recognized as determinants of human development, health, and socioeconomic attainments across the life course, but our understanding of the underlying pathways and processes remains limited. Therefore, a “biosocial approach” i.e. one that conceptualizes the biological and social as mutually constituting, and draws on models and methods from the biomedical and social/behavioral sciences, is required.’ (McDade, T.W., & Harris, K.M. (2018). The Biosocial Approach to Human Development, Behavior, and Health Across the Life Course. The Russell Sage Foundation journal of the social sciences : RSF, 4(4), 2-26.)
14. The UN has come to formally define ‘adolescence’ as the period between 10 and 19 years of age and ‘young people’ between 10 to 24 years of age, in the South-East Asia Region. Adolescence and young adulthood form a continuum for many development processes, but there are also unique aspects of young adulthood. Scientists who study brain development have spent much time looking at adolescents than at young adults. By the time people become young adults, significant aspects of their neurobiology have reached adult levels. However, their brains also continue to change in part because of continuing brain development, and in part because behavior is always remodeling the brain. Brain plasticity is evident
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throughout the lifespan but different kinds of plasticity come to the fore at different stages. For example, from childhood through adulthood, the gray matter in the brain, which contains neurons, thins as it loses synaptic connections and it is a method that the brain uses to sculpt itself to a particular environment. Studies of particular brain regions show continued changes after adolescence. It has been observed that the pathways that connect different parts of the brain also change over time. The decision-making ability is a reflection of the development of the superior longitudinal fasciculus, which is involved in cognition and executive function. This superior longitudinal fasciculus continues to develop throughout the young adult years. Profound and protracted physical, biological, and neurological changes linked to puberty occur throughout adolescence and early adulthood. Hormonal changes prompt a literal remodeling of cortical and limbic circuits in the brain that were previously organized in the perinatal period and that, in combination with adolescent social experiences and contexts, affect general cognition, decision making, and behavior into adulthood. (Sisk CL, & Zehr JL (2005). Pubertal hormones organize the adolescent brain and behavior. Frontiers in Neuroendocrinology, 26(3-4), 163-174.)
15. It is only relatively recently that neurobiologists have started to probe into the neural basis of one of the most powerful and exhilarating states known to humans, namely love. Studies largely show that the basic human motivations and emotions arise from distinct systems of neural activity and that these systems derive from mammalian precursors. Thus, it is only natural that this mechanism is also active in Homo Sapiens i.e. humans. Adolescence is associated with many psychosocial and developmental challenges, including the processing of intense emotions and “first loves”. (Arnett J.J. Adolescence and Emerging Adulthood. Pearson Education Limited; New York, NY, USA : 2014.) It is
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now well evidenced that adolescent romance is an important developmental marker for adolescents' selfidentity, functioning and capacity for intimacy. Developmental-contextual theories of adolescent romantic stages also provide a framework for how romantic relationships assist young adults with addressing their identity and intimacy needs. Therefore, the age of adolescence as can be seen evidently, is one associated with an amassing change in the neurological, cognitive and psychological systems of a person and one of the most important aspect is that the individual tries to establish their identity, develops emotional and biological needs during this period as a result of which the individual tends to look for new relationships, bonding and partnership. It is also important to acknowledge in addition to this, the vast exposure that is available to adolescents and youth in the form of digital content that play a major role in influencing their growth and identity.
16. In light of the above, it is only natural that there are cases of the above-mentioned nature that are on the rise at present and it does not help matters to avoid acknowledging that the society is changing and influencing people's identity and cognition, constantly. Therefore, painting a criminal colour to this aspect would only serve counter-productively to understanding biosocial dynamics and the need to regulate the same through the process of law.
17. This Court is not turning a blind eye to cases where the victim or survivor may, under the effect of trauma that they have undergone, studies on which show that they might tend to reconcile with the same by blaming themselves or convincing themselves that the element of consent was infact present. Nor is this Court scientifically justifying in toto, the genuineness or predicament of the accused in every case where it appears that the accused and victim child have been in a romantic relationship. That will depend on the facts
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and circumstances of each and every case.”
“30. Furthermore, I believe that societal and legal views on adolescent love should emphasize the rights of young individuals to engage in romantic relationships that are free from exploitation and abuse. Love is a fundamental human experience, and adolescents have the right to form emotional connections. The law should evolve to acknowledge and respect these relationships, as long as they are consensual and free from coercion. 31. While the legal age of consent is important for protecting minors, I feel that adolescents should be allowed to express their feelings and engage in relationships without fear of criminalization. The focus of the law should be on preventing exploitation and abuse rather than punishing love. I affirm that consensual and respectful adolescent love is a natural part of human development.
32. The legal system must safeguard the rights of young individuals to love while ensuring their safety and wellbeing. I advocate for a compassionate approach that prioritizes understanding over punishment in cases involving adolescent love.”
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passed in CRL.L.P. 69/2023 titled State v. Rajiv @ Raju , wherein the Court has observed as under:
8. It is the settled legal position that a mere school record without being supported by any credible or verifiable document cannot be held to be conclusive proof of age, as held in State v. Tofil Ahmad [2024 SCC OnLine Del 5403] , extracted hereinunder:
“18. It is well settled that an entry of the date of birth made in the school admission register would have evidentiary value only if there is material available based on which the age was so recorded. In the case of Brij Mohan Singh v. Priya Brat Narain Sinha reported
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as AIR 1965 SC 282, the Supreme Court held that an entry of birth recorded in the school register maintained by an illiterate Chowkidar, was not admissible and had no probative value within the meaning of Section 35 of the Indian Evidence Act .
20. The probative value of the entry regarding the date of birth made in a school register has come up for consideration by the Supreme Court and the High Courts in several other cases and the common view expressed is that no probative value can be attached to such a record unless and until the parents are examined or the person on whose information the entry may have been made, is examined.
23. In the present case, the father of the victim, PW-5 deposed that he did not know the date of birth of his daughter as he was illiterate, nor was he in a position to state her current age. He stated that he got the victim admitted in the school in class-I in the village and at that time, she was about 3-4 years old. In his crossexamination, PW-5 admitted that he did not have any proof regarding his daughter's date of birth. It is therefore clear that the father of the victim had not submitted any document to the school at the time of getting his daughter admitted in class-I, on 12.08.2005, to establish her date of birth as 10.01.2000, as recorded by the school. He was candid enough to state that being illiterate, he did not know the date of birth of the victim and that she was between 3-4 years old when she was admitted in class-I.
24. In the absence of any primary material based on which the age of the victim was
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recorded in the school register, it is not possible to accept her date of birth as 10.01.2000. Moreover, even the teacher from the school in question, who had appeared as PW-3, had tated that he had given a handwritten document to the police on 17.12.2014 (Ex.PW3/C), wherein he had recorded that when a child attains the age of 5+ years, the parents approach the school for their admission. If one goes by the said statement, then the testimony of the victim's father to the effect that he had got her admitted in class-I when she was about 3 -4 years, cannot be accepted, as it is premised on mere guess work .”
36. Perusal of Section 94 of the JJ Act shows that any of the following documents are required for establishing the age of the minor: i) Date of birth certificate from school; ii) Matriculation or equivalent i.e., Class 10th certificate issued by an Examination Board; iii) Date of birth certificate from the Corporation or Municipal Authorities; iv)In the absence of any of the above, by an ossification test or any advanced test as may be ordered.
37. In the present case, the only document that is available is the Shapath patra signed by DW 1 at the time of admission of the child in the school. The said guardian, who appeared as DW-1, and DW-2, another uncle of the survivor, could neither justify nor confirm the stated date of birth i.e., 2nd April, 1997. There is no other document as contemplated under Section 94 of the JJ Act to establish the date of birth of the survivor.
38. Further, the Prosecution did not conduct any ossification test or any other similar test to establish the date of birth of the survivor.
39. This Court agrees with the view taken by the
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Trial Court that the date of birth of the survivor mentioned in the School Admission and Withdrawal Register cannot be taken in evidence, and hence the Prosecution has not been able to establish beyond reasonable doubt that the survivor was under the age of 18 years when the incident took place.
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10. Considering the lack of evidence to establish the date of birth of the survivor as also the delay in filing of this Appeal, this Court is not inclined to grant leave to appeal against the impugned judgment of acquittal in the present matter.”
“(2) In case, the Committee or the Board has reasonable grounds for doubt regarding whether the person brought before it is a child or not, the Committee or the Board, as the case may be, shall undertake the process of age determination, by seeking evidence by obtaining
—
i) the date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned examination Board, if available; and in the absence thereof; (ii) the birth certificate given by a corporation or a municipal authority or a panchayat; (iii) and only in the absence of (i) and (ii) above, age shall be determined by an ossification test or any other latest medical age determination test conducted on the orders of the Committee or the Board:
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Provided such age determination test conducted on the order of the Committee or the Board shall be completed within fifteen days from the date of such order.”
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“14.7 As held in Rishipal Singh , extracted (supra) the determination of the age when done by a Court stands differently to that done by the JJB. There are two possibilities provided for. There is no determination of age by a JJB - like body when it comes to the victim . If there is a question about the age, it has to be dealt with by the Court, as per the procedure of Section 94, JJ Act. It is when the Court is undertaking the exercise of determination, that the defense of an accused can challenge the veracity of these documents, since the presumption under this section is rebuttable.
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14.10 As can be seen from Mahadeo v. State of Maharashtra , and Sanjeev Kumar Gupta (supra) the consideration of the documents enumerated in Section 94, JJ Act is a matter of consideration of evidence since it may involve the examination of witnesses to prove the veracity of the documents. That can only be done by the Trial Court. Contra evidence to challenge the documents, can also be presented only before the Trial Court. In our considered view, therefore, the High Court fell in error in holding that a Court in bail jurisdiction is empowered to entertain a challenge to the documents as Section 94 would not apply at the bail stage.”
“18. In this context, it is appropriate to mention that the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short ‘the JJ Act of 2000’) was in force till it was replaced by the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ‘the JJ Act of 2015’) enacted w.e.f 01.01.2016. Since the incidents of penetrative sexual assault in the instant case is
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alleged to have taken place during the period from September 2015 till February 2016, both the statutes are applicable. Section 94 of the JJ Act of 2015 prescribes the mode in which the age of a juvenile has to be proved, while under the JJ Act of 2000, determination of age ought to have been done as per the provisions of rule 12 of the JJ Rules.
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20. The POCSO Act does not stipulate in section 34(2) that when the victim is a child, age can be determined only as per the law relating to juveniles. It was in Jarnail Singh (supra) and Yuvaprakash (supra) the said proposition was laid down. Nonetheless, it is relevant to bear in mind that the words in a judgment ought not to be interpreted as that in a statute. A decision is only an authority for the questions determined therein and while applying the ratio, the court ought not to pick out a word or a sentence from the judgment disassociated from the context in which the issue under consideration arose. Reference to the decisions in Goan Real Estate and Construction Ltd and Another v. Union of India and Others [(2010) 5 SCC 388] and Bhavnagar University v. Palitana Sugar Mill (P) Ltd and Others [(2003) 2 SCC 111] are relevant in this context.
21. Viewed in the light of the above principle, it has to be held that the words ‘should be the basis for determining age, even for a child who is a victim of crime’ as observed in Jarnail Singh (supra) has to be interpreted as ‘can be the basis for determining age, even for a child who is a victim of crime’. A contrary view, if adopted, would defeat the very object of the statute. Hence, the decision in Jarnail Singh (supra) which mandated that the age should be determined as per 2007 Rules, according to me, cannot be interpreted as laying down the principle that the only method to determine age of a victim in a POCSO offence is as per the said provision.
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22. It is appropriate in this context to refer to section 34 of the POCSO Act, which reads as below.
(1) Where any offence under this Act is committed by a child, such child shall be dealt with under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016).
(2) If any question arises in any proceeding before the Special Court whether a person is a child or not, such question shall be determined by the Special Court after satisfying itself about the age of such person and it shall record in writing its reasons for such determination.
23. A perusal of the above provision reveals that when an offence is committed by a child, he shall be dealt with under the JJ Act of 2015, but when it comes to determining the question as to whether a person is a child or not, such a question will have to be determined by the Special Court after satisfying itself about the age. The principles of the law of evidence can apply when the issue before a court relates to the determination of the age of a child. The provisions of the statutes relating to juveniles can be one of the modes and need not be the only mode. Under the law of evidence, all facts, except the contents of documents, can be proved by oral evidence as per section 59 of the Indian Evidence Act, 1872 (for short ‘the IE Act’) and the only requirement is that the oral evidence must be direct. When evidence required is in relation to a fact which could be seen or heard or perceived, direct oral evidence as per section 60 of IE Act means the evidence given by a person who had seen, heard or perceived the
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fact, as the case may be. Contents of a document can be proved by primary or secondary evidence. Even section 35 of the IE Act can be resorted to, for determining the age of a victim in a POCSO offence
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27. Thus, the age of a victim can be determined by any of the modes available under law and not necessarily only as per the JJ Act of 2015. A contrary view may not only defeat the object of the statute, but can also enable several perpetrators of sexual offences to go scot free. Such an eventuality is an antithesis of law relating to sexual offences especially that relating to minors. ”
“ A NECESSITATED POST-SCRIPT
19. As the conclusions drawn above indicate the impugned judgment and order of the High Court has to be set aside on grounds of transgression of the jurisdiction present and thereby lacking the appropriate directions. It is to be set aside also because it goes against the statutory prescription under the JJ Act. Be that as it may, this Court has not lost sight of the wellintentioned purport of this order. The POCSO Act is one of the most solemn articulations of justice aimed at protecting the children of today and the leaders of tomorrow. Yet, when an instrument of such noble and one may even say basic good intent is misused, misapplied and used as a tool for exacting revenge, the notion of justice itself teeters on the edge of inversion. Courts have in many cases sounded alarm regarding this situation . Misuse of the POCSO Act highlights a grim societal chasm - on the one end children are
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silenced by fear and their families are constrained by poverty or stigma, meaning thereby that justice remains distant and uncertain, and on the other hand, those equipped with privilege, literacy, social and monetary capital are able to manipulate the law to their advantage. The impugned judgment is one amongst many where Courts have spoken out. Not only are instances rife where the age of the victim is misrepresented to make the incident fall under the stringent provisions of this law but also there are numerous instances where this law is used by families in opposition to relationships between young people . In Satish alias Chand v. State of U.P. , the High Court, noted that on few occasions concern had been expressed by the Court with respect to application of the Act on consenting adolescence when it comes to consensual relationships between teenagers, four factors have been highlighted which, is crucial for the Courts to consider:
“A. Assess the Context: Each case should be evaluated on its individual facts and circumstances. The nature of the relationship and the intentions of both parties should be carefully examined.
B. Consider Victim's Statement: The statement of the alleged victim should be given due consideration. If the relationship is consensual and based on mutual affection, this should be factored into decisions regarding bail and prosecution.
C. Avoid Perversity of Justice: Ignoring the consensual nature of a relationship can lead to unjust outcomes, such as wrongful imprisonment. The judicial system should aim to balance the protection of minors with the recognition of their autonomy in certain contexts. Here the age comes out to be an important factor.
D. Judicial Discretion: Courts should use their discretion wisely, ensuring that the application of POCSO does not inadvertently harm the very
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individuals it is meant to protect.”
[See also: Mrigraj Gautam @ Rippu v. State of U.P .]
The Delhi High Court in Sahil v. the State NCT of Delhi the Court noted in para 11 of the order that POCSO cases filed at the behest of a girl’s family objecting to romantic involvement with a young boy have become common place and consequent thereto these young boys languish in jails. Therein, reference is also made to an order of the Gujarat High Court, where the Court noted that considering the closeness in age of the prosecutrix and the accused as also the fact that she had left home of her own accord observed that the application deserved consideration.
This chasm between access and abuse is also mirrored in the misuse of Section 498-A IPC and the Dowry Prohibition Act, 1961. Amongst numerous examples, we may only refer to Rajesh Chaddha v. State of U.P36, where this Court lamented the use of these Sections without specific instances or relevant details, among other cases. It is also to be stated though that no amount of judicial vigilance against misuse can alone bridge this ever-widening gap. The first line of defence lies with the Bar i.e., the body that translates grievance into action and is the gatekeeper of justice at the point of entry. When it comes to matters such as these, the responsibility of the advocate is profound – to examine the allegations with detachment and necessary discretion and to counsel restraint when grievance masks vengeance and to refuse participation in litigation when it can be seen that an ulterior motive is sought to be agitated under the guise of seeking protection of the law. It is only when the Bar takes a principled, proactive role, that the legislation intended as a shield can be stopped from being twisted into a weapon. A lawyer who tempers aggression with calm, reason and rationality, protects not only the opposing
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party from unwarranted harm but also the client from the long-term consequences of frivolous or malicious litigation, including adverse orders, and judicial censure. By taking a principled stand, the Bar acts as a crucial filter, preventing the legal system from being overwhelmed by abuse masquerading as enforcement. Such self-regulation strengthens public faith in the profession, ensures that judicial time is reserved for genuine disputes, and reinforces the foundational idea that law is a means of justice, not a weapon of convenience. In this sense, the ethical vigilance of lawyers is not ancillary to justice, it is indispensable to it. When they do not do so, the chasm alluded to above widens. Society also must match institutional reform with moral awakening. The intent and object of these legislations must be at the forefront when a person wishes to lodge a complaint thereunder. The misuse of these laws is a mirror to the opportunistic and selfcentered view that pervades the application of law. It is only through discipline, integrity and courage that these problems can be remedied and rooted out. Any legislative amendment or judicial direction will remain lack-luster without this deeper change.
We have referred to certain instances of the High Courts noting the misuse/misapplication of the POCSO Act, somewhat in line with the indices appended to the impugned judgment as also its progenitors.
Considering the fact that repeated judicial notice has been taken of the misuse of these laws, let a copy of this judgment be circulated to the Secretary, Law, Government of India, to consider initiation of steps as may be possible to curb this menace inter alia, the introduction of a Romeo – Juliet clause exempting genuine adolescent relationships from the stronghold of this law; enacting a mechanism enabling the prosecution of those persons who, by the use of these laws seeks to settle scores etc .”
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The above decision clearly emphasises the issue of consensual relationships amongst youngsters and the need for introducing a clause which ensures that genuine adolescent relationships do not become criminal cases. Such a clause would have to look into whether the `age of consent’ ought to be reduced, in the case of minors especially in the case of close-in-age minors.
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this Court and has been rightly analysed by the Trial Court. The allegations of rape or sexual assault in this background clearly do not appear to be correct. The prosecutrix knew the accused for many years and had accompanied the accused of her own volition. The age of the Prosecutrix has also not been established beyond reasonable doubt. This Court is thus of the opinion that the impugned judgment does not warrant any interference.
34. Accordingly, the appeal is dismissed.
PRATHIBA M. SINGH JUDGE
MADHU JAIN JUDGE
JANUARY 8, 2026 kk/ck
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3 issues framed by the court
Whether the prosecution proved beyond reasonable doubt that the prosecutrix was a minor in the absence of a birth certificate or ossification test?
Whether the alleged offence constituted rape or was a consensual relationship between adolescents?
Whether the impugned judgment of acquittal warrants interference?
Colour shows how this judgement treated each authority
Brij Mohan V. StateReferred¶42
Brij Mohan V. State. 38 (1989) DLT 15 · Who else cites this
Kanchan Dass v. StateReferred¶43
Kanchan Dass v. State. 40 (1990) D.L.T. 401 · Who else cites this
Vijayalakshmi v. StateReferred¶122
Vijayalakshmi v. State, 2021 SCC OnLine Mad 317 · Who else cites this
State v. Tofil AhmadExplained¶148
State v. Tofil Ahmad, 2024 SCC OnLine Del 5403 · Who else cites this
State v. Rajiv @ RajuExplained¶152
CRL.L.P. 69/2023 State v. Rajiv @ Raju
State v. Shailesh KumarExplained¶155
State v. Shailesh Kumar (2019 SCC OnLine Del 8318) · Who else cites this
Jarnail Singh v. State of HaryanaExplained¶155
Jarnail Singh v. State of Haryana (2013) 7 SCC 263 · Who else cites this
Brij Mohan Singh v. Priya Brat Narain SinhaExplained¶156
Brij Mohan Singh b. Priya Brat Narain Sinha AIR 1965 SC 282 · Who else cites this
The State of Uttar Pradesh v. Anurudh & Anr.Explained¶188
The State of Uttar Pradesh v. Anurudh & Anr., 2026 INSC 47 · Who else cites this
Suresh. K v. State of KeralaRelied on¶196
Suresh. K v. State of Kerala, 2025: KER:95276
State of Maharashtra v. MahadeoReferred¶194
The State of Maharashtra v. Mahadeo
Sanjeev Kumar GuptaReferred¶194
Sanjeev Kumar Gupta
Goan Real Estate and Construction Ltd v. Union of IndiaExplained¶202
Goan Real Estate and Construction Ltd and Another v. Union of India and Others (2010) 5 SCC 388 · Who else cites this
Bhavnagar University v. Palitana Sugar MillReferred¶202
Bhavnagar University v. Palitana Sugar Mill (P) Ltd and Others (2003) 2 SCC 111 · Who else cites this
State of U.P. v. Satish alias ChandReferred¶225
State of U.P. v. Satish alias Chand
Mrigraj Gautam @ Rippu v. State of U.PReferred¶234
Mrigraj Gautam @ Rippu v. State of U.P
Sahil v. the State NCT of DelhiReferred¶235
Sahil v. the State NCT of Delhi
Rajesh Chaddha v. State of U.P.Referred¶235
Rajesh Chaddha v. State of U.P.
Brij Mohan Singh v. State of U.PReferred¶36
Brij Mohan Singh v. State of U.P
3 provisions across 3 enactments
STATE
SONU @ PARMINDER
Prathiba M. Singh
Madhu Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Prathiba M. Singh and Madhu Jain
Parties & counsel
