• Sections 376, 366 and 363 IPC POCSO ACT Section 6 Allegation of rape Acquittal Statement of prosecutrix shows that she had misrepresented her age to be eighteen years to accused She categorically stated that had she not done so, accused would not have allowed her to accompany him Though prosecutrix was minor on date of incident, yet element of mensrea, which is essential ingredient of offence is missing Misrepresentation by prosecutrix with regard to her age, which accused bonafidely believed to be true that he allowed her to accompany him Statement of prosecutrix clearly negates any charge Accused had not knowingly committed offence Accused rightly acquitted by Trial Court. [Paras 9 to 11]
State vs Kaishar CRLP 188/18 30/08/19 [ MANMOHAN JJ ]
[ DELHI HIGH COURT ]