2017 CRI. L. J. 1713 ::(2016) 231 DLT 353 ::(2016) 3 DLT(CRL) 373 ::(2017) 3 Crimes 5

Delhi High Court

Hon'ble Judge(s): Pratibha Rani , J

(A) Penal Code (45 of 1860) , S.363, S.376(2)(i)— Kidnapping and rape - Age of prosecutrix - Same date of birth in school record and date of birth on transfer certificate - Birth certificate registered under Births and Deaths Act showing registration date as one month after prosecutrix left home - All three certificates being doubtful cannot be considered to correctly ascertain age of prosecutrix - Medical @page-CriLJ1714examination of prosecutrix not revealing internal or external injury, inferring prosecutrix not of tender age at time of occurrence - Ossification test of prosecutrix not conducted despite being advised by doctor - Age of prosecutrix as minor not proved beyond doubt. (Para 20 21 23 28) (B) Penal Code (45 of 1860) , S.363, S.376(2)(i)— Kidnapping and rape - Appreciation of evidence - Accused allegedly kidnapping prosecutrix, committing rape on her - Prosecutrix aged above 16 years, having love affair with accused - She on her own accompanying accused and staying with him without making complaint to anyone though having ample opportunity - Accused entitled to acquittal. (Para 32 33) .....