In Brief
A man was convicted of sexually assaulting a minor after he and his relatives allegedly kidnapped her, married her at a temple, and had sexual intercourse with her. The High Court confirmed his conviction under the Protection of Children from Sexual Offences Act (POCSO) but reduced his life sentence to 10 years. The Supreme Court acquitted him, holding that the prosecution failed to prove the victim was below 18 years old. While a school transfer certificate showed a 1997 birth date, Section 94 of the Juvenile Justice Act mandates using matriculation certificates or municipal birth certificates first; only ossification tests apply thereafter. The medical ossification test indicated the victim was 18-20 years old. The victim's voluntary statement to a magistrate—never impeached—established she consensually eloped and married the appellant. Medical evidence showed no assault. The Court thus set aside the conviction and acquitted the appellant.
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