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PW2 Sardar Singh is the complainant.

PW3 Daljit Kaur is the mother of the prosecutrix.

PW4 Dharam Pal, Teacher, brought record and stated that Ex.PB and Ex.PC were the copies of school leaving certificates. As per certificates, date of birth of Supinder Kaur d/o Dalbir Singh was 2.12.1985.

PW5 Balwinder Singh is the son of complainant and stated that after the death of his brother Dalbir Singh, he had contracted karewa marriage with Daljit Kaur. Supinder Kaur @ Jasvinder Kaur was about 15- 1/2 years' old.

I have heard learned defence counsel for the appellant, learned State counsel and have gone through the evidence on file.

Learned defence counsel for the appellant argued that the prosecutrix was 18 years' old. On 10.3.2001, prosecutrix had married with the appellant. Prosecutrix had stayed with the appellant at Chandigarh and Faridabad for about 4-5 days. During this period, they had sexual intercourse as husband and wife. Prosecutrix while appearing before the Magistrate, then stated that she was in love with the appellant and had married with the appellant. She had stayed with the appellant at Chandigarh and Faridabad and during this period, she had sexual intercourse with the appellant as husband and wife. She was not to accompany her parents. Prosecutrix was sent to Nari Niketan. Prosecutrix while appearing in Court as PW1, then admitted that she had married with the appellant on 10.3.2001 and on 15.3.2001, she had gone with the appellant on her own accord. She had stayed with the appellant at Chandigarh for two nights and two nights at Faridabad. During this period, she had sexual intercourse with the appellant as husband and wife. On 20.3.2001, she along with the appellant had come back to Village Sirsla and had gone to the tubewell room of Gian Chand, from where they were arrested. Before the Magistrate, prosecutrix had disclosed that she was 18 years' old. Before the doctor, she stated that she was 18 years' old. Prosecutrix was the daughter of Balwinder Singh and not Dalbir Singh. According to story, Daljit Kaur had two sons and one daughter from the loins of Dalbir Singh. After the death of Dalbir Singh, she had contracted karewa marriage with Balwinder Singh and from the marriage with Balwinder Singh, she had two children but birth certificates of remaining children not produced. Prosecutrix had studied upto 8th class. Three certificates on the file. According to complainant, name of the prosecutrix is Rasvinder Kaur, whereas as per certificates (Ex.PB and Ex.PC), name of the prosecutrix is Supinder Kaur d/o Dalbir Singh and her date of birth is 2.12.1985. Third certificate is Ex.PD brought from the hospital by Balwinder Singh. According to this certificate, date of birth is 10.7.1985 and name of the prosecutrix is Jasminder Kaur. Prosecutrix when appeared in Court, then stated that her date of birth is 10.7.1985. That means, certificates (Ex.PB and Ex.PC) are not correct one. Birth certificates of other two issues of Daljit Kaur from the loin of Dalbir Singh are not on the file. According to certificates (Ex.PB and Ex.PC), date of birth of the prosecutrix is 2.12.1985 but according to certificate (Ex.PD), date of birth is 10.7.1985. That means, documentary evidence produced by the prosecution qua age of the prosecutrix is not correct one. According to the doctor, ossification test was advised but no explanation why there was no ossification test. Prosecution is not clear as to whether name of the prosecutrix is Rasvinder Kaur or Supinder Kaur or Jasminder Kaur. After certificates (Ex.PB and Ex.PC) are ignored, then statement of the prosecutrix before the Magistrate and doctor are to the effect that she was 18 years' old. Prosecutrix on her own accord had gone with the appellant. She had sexual intercourse with the appellant voluntarily on the allegation that she is the wife of the appellant. Before the Magistrate, prosecutrix admitted that she had married with the appellant. In Court also, she has stated that she had married with the appellant. If no proof regarding marriage, then evidence on file shows that the prosecutrix was 18 years' old and was the consenting party.

Prosecutrix appeared in Court as PW1 and stated that she was 16 years' old. Her mother Daljit Kaur was married with Dalbir Singh and from the loin of Dalbir Singh, Daljit Kaur has two sons and one daughter. She is the eldest daughter of Daljit Kaur. After the death of Dalbir Singh, her mother had contracted karewa marriage with her uncle Balwinder Singh. From the loin of Balwinder singh, her mother has two children. Her date of birth is 10.7.1985. On 10.3.2001, appellant called her in the fields and applied sindoor in her maang. Then stated that she became his wife. Except this line, no proof regarding marriage.

PW4 Dharam Pal, Teacher, in examination-in-chief stated that certificates (Ex.PB and Ex.PC) are correct as per record but in cross- examination admitted that name of father or residence of Balwinder Singh was not recorded below his signature/thumb impression. No birth entry or affidavit of the parents of the girl was attached with the form. Date of birth was recorded on the basis of previous school leaving certificate.

Prosecutrix in Court stated that her date of birth is 10.7.1985. That means, Ex.PB and Ex.PC are not correct one because as per these certificates, date of birth of the prosecutrix is 2.12.1985. Secondly, certificates are of Supinder Kaur, whereas name of the prosecutrix is different. According to story, Daljit Kaur was married with Dalbir Singh and Dalbir Singh and Daljit Kaur had two sons and one daughter, namely, the prosecutrix. Birth certificates of both the sons are not on the file to show that Daljit Kaur was the wife of Dalbir Singh because suggestion was given to the witness that prosecutrix is the daughter of Balwinder Singh and not of Dalbir Singh. If Daljit Kaur is the first wife of Dalbir Singh and from Dalbir Singh, she had three issues, including the prosecutrix, then birth certificates of other two issues should have been produced on the file to show that Daljit Kaur was firstly married with Dalbir Singh. No explanation is forth coming as to why certificates of other two sons from the loins of Dalbir Singh are not on the file. Second allegation of the prosecution is that after the death of Dalbir Singh, Daljit Kaur contracted karewa marriage with Balwinder Singh and from Balwinder Singh, she has two sons but no certificate of sons on the file. If the prosecutrix was 15-1/2 years' old or 16 years' old, then before the Magistrate and doctor, prosecutrix could easily state that she is 15-1/2/16 years' old. As per advice of the doctor, there was no ossification test. School leaving certificates (Ex.PB and Ex.PC) are not tallying with the certificate (Ex.PD) issued by the hospital.