AIROnline 2025 SC 69

Supreme Court Of India

(From : Andhra Pradesh)

Hon'ble Judge(s): B. R. Gavai, K. Vinod Chandran , JJ

(A) Penal Code (45 of 1860) , S.366A— Evidence Act (1 of 1872) , S.3— Procuration of minor girl - Testimony of victim - Reliability - Allegation that accused had taken away victim with intention of marrying her - Victim admitted that when she was travelling with accused, she did not at any time raise hue and cry so as to escape from accused - Victim did not specify places where she was confined - Victim did not speak about station at which she had de-boarded train - Testimony of victim was not reliable - There was clear consent when victim travelled with accused - It was not proved that the victim was minor - Accused was acquitted. (Para 11 12 13) (B) Penal Code (45 of 1860) , S.366A— Procuration of minor girl - Age of victim girl - Determination - Neither any certificate to prove date of birth of victim was produced nor her parents were asked any question about her age - Medical officer referred victim to radiologist and based on report, issued certificate certifying her age to be between 16 to 17 years - Since there could be a difference of two years, either way in case of ossification test , said age determination did not conclusively establish victim's minority - Radiologist was neither examined nor was....