mail nor any age proof of the
prosecutrix or proof of the date of birth of prosecutrix to him or to the PS.
Although ... mail nor any age proof
of the prosecutrix or proof of the date of birth of prosecutrix
aged about
fifteen years at the time of the incident and that the Investigating Officer
(PW-13) had deposed that the age proof of prosecutrix ... prosecutrix was 07th August, 1999. He further states that
the mother of the prosecutrix (PW-11) had deposed that the prosecutrix was
aged about fifteen
aged about
14 years) and implicated the accused in this false case. Learned Counsel
further submitted that for the proof of age of the prosecutrix ... date of
birth of prosecutrix is 05/07/1995, on simple arithmetical calculation, the
age of prosecutrix comes to 14 years, 05 months
age of prosecutrix. Trial Court placed
reliance on the solitary statement of prosecutrix in evidence
for the first time to hold the prosecutrix ... proof of date of birth of prosecutrix.
13] It is significant to note that prosecutrix was not a
child of too tender age
prove the guilt of the
appellant, particularly when proof of age of the prosecutrix in
::: Uploaded on - 12/06/2018 ::: Downloaded on - 13/06/2018 ... POCSO Act , the crucial issue
pertains to the proof of age of the prosecutrix and her claim
that her date of birth
observed that:
"Penal Code-Sec.376- Rape-Evidence and proof-
Prosecutrix aged about 9-10 years disclosing name of
accused in FIR lodged
accused and prosecutrix but not found. He
collected the age proof of prosecutrix (name withheld) from BSM Senior
Secondary School, Anandpur Dham, Karala, Delhi ... deposed falsely regarding
the age of my daughter/ prosecutrix as 15½ years or that the age of my
daughter/prosecutrix was about 18 years
recorded their
statements. He collected the age proof of prosecutrix (name withheld)
and according to which her date of birth is 10/11/1995. After ... age."
PW17 - ASI Prem Raj in his examinationinchief has
deposed that :
"I collected the age proof of prosecutrix (name withheld
age proof of the prosecutrix at the time of admission.
18. PW4, Dr.Y.N.Maurya, has examined the prosecutrix
aged 19 years ... age proof of the prosecutrix at the time of admission.
47. PW4, Dr.Y.N.Maurya, has examined the prosecutrix
aged 19 years
Mami Kajal.
Learned Counsel for accused further submitted that no age
proof of the prosecutrix is on the record only School Leaving Certificate
is there ... 2009.
13. Learned Counsel for accused submitted that no age proof of
the prosecutrix is on the record only School Leaving Certificate is there
