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1 - 10 of 13 (0.35 seconds)The Indian Penal Code, 1860
Section 361 in The Indian Penal Code, 1860 [Entire Act]
Section 376 in The Indian Penal Code, 1860 [Entire Act]
Section 248 in The Indian Penal Code, 1860 [Entire Act]
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Umesh Chandra vs State Of Rajasthan on 2 April, 1982
18. So far as the offence u/s 366 IPC is concerned, the prosecutrix
was below 18 years of age as per the certificate of birth produced
from MCD record by PW16 wherein her date of birth is mentioned
as 11.11.1992, although the mother of the prosecutrix, the PW2, has
categorically admitted that her date of birth given in the school
record was as per rough idea. The mother, who could have been the
best witness to the age of the prosecutrix, created a doubt towards
the registration of said date of birth vide Ex.PW16/A and the birth
certificate Ex.PW3/B. Even otherwise, the Hon'ble Supreme Court
has held that in a country, it is not uncommon for parents sometime
to change the age of their children in order to get some material
benefit either for appearing in examination or for entering a
particular service which would be denied to a child as under the
original date of birth he would be either under aged or ineligible
and that therefore, entry of date of birth in school leaving certificate
or admission register is not a legal evidence of the age of the
prosecutrix. The reference is of the case titled Umesh Chandra Vs.
State of Rajasthan reported as AIR 1982 SC 1057.
The Code of Criminal Procedure, 1973
S. Varadarajan vs State Of Madras on 9 September, 1964
"It is obvious that the facts and the charge with which we are
concerned in the present case are not identical with those in
Varadarajan's case (supra). The evidenceof the constant behaviour of
the appellant towards Mohini for several months preceding the incident
on the 16th and 17th January 1967 completely brings the case within
the passage at S. 248 of the decision cited. We have before us ample
material showing earlier allurements and even of the, appellant's
participation in the formation of Mohini's intention and resolve to leave
her father's house."