Delhi High Court Upholds Conviction under POCSO: School Records Sufficient Proof of Age.

Headnote:

The Delhi High Court upheld the conviction of the appellant under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Sections 363 and 376 of the Indian Penal Code, 1860, emphasizing that consent of a minor is immaterial in cases of sexual assault. The Court reiterated that documentary evidence such as school admission registers and parental affidavits, when corroborated by oral testimony, are sufficient to prove the victim’s age beyond reasonable doubt.

Background:

• The appellant was convicted by the Trial Court for kidnapping and sexually assaulting a 14-year-old girl, based on an FIR lodged by her father on 16 October 2017.

• The victim stated that she had met the accused, who took her to his residence and established sexual relations with her.

• The appellant challenged the conviction, contending that the victim was not a minor and that her consent rendered the act non-criminal.

• He further questioned the authenticity of the school records used to determine her age.

Court’s Observations:

• The Court noted that school records, supported by the father’s affidavit and consistent oral evidence, reliably established the victim’s age as 14 years.

• Once minority is proved, the presumption under Section 29 of the POCSO Act operates, and the burden shifts to the accused to rebut it.

• The victim’s consent was deemed legally irrelevant as she was below 18 years of age.

• The Court found no inconsistencies in the victim’s testimony that could discredit the prosecution’s case.

• The appellant failed to produce any credible evidence to counter the prosecution’s proof of age or to displace the statutory presumption.

Held:

The Court upheld the conviction and sentence awarded by the Trial Court under Sections 363 and 376 IPC read with Section 6 of the POCSO Act, dismissing the appeal as meritless.

Legal Provisions Discussed:

• Section 363, Indian Penal Code, 1860 – Punishment for kidnapping.

• Section 376, Indian Penal Code, 1860 – Punishment for rape.

• Section 6, Protection of Children from Sexual Offences Act, 2012 (POCSO) – Aggravated penetrative sexual assault.

• Section 29, POCSO Act, 2012 – Presumption as to certain offences.

Citation: 2025:DHC:151436

Case: Rasul Azam v. State (Govt. of NCT of Delhi) & Anr.

Court: High Court of Delhi at New Delhi

Coram: Hon’ble Mr. Justice Manoj Kumar Ohri

Date of Decision: 3 November 2025

Criminal Appeal No.: CRL.A. 537/2023