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High Courts Uphold POCSO Convictions, Prioritize Documentary Age Proof and Mandatory Life Terms

Judges affirmed the credibility of child survivors, including disclosures during school outreach programs.

Overview

  • Bombay High Court dismissed a father's appeal and upheld life imprisonment for raping his minor daughter, calling the false-implication claim over discontinued studies far-fetched.
  • The bench emphasized school records and affidavits as reliable proof of age under Section 35 of the Evidence Act, finding no need for ossification tests.
  • The court described the survivor’s testimony as steadfast and found medical findings of old hymenal tears consistent with her account.
  • Applying Section 376(2), the Bombay High Court held that rape by a parent in a position of trust warrants life imprisonment for the remainder of natural life.
  • The High Courts of Meghalaya and Punjab & Haryana separately upheld convictions and lengthy sentences, rejecting defenses of age doubt, delay in FIRs, and alleged false implication tied to old disputes.