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Jaya Mala vs Home Secretary, Government Of Jammu & ... on 29 July, 1982

In this regard one may refer to a series of decisions starting from the case of Jaya Mala Vs. Home Secretary, Govt. of Jammu and Kashmir and others reported in AIR 1982 SC 1297, which judgment has been followed by the subsequent judgments by all courts, and which held that three years has to be added to the Patna High Court CR. APP (SJ) No.442 of 2002 dt.10-04-2014 11 assessed age while assessing the age of the victim. As per that judgment and view on assessment of the age, if three years are added then P.W.5 could be somewhere around 21 years of age. I am not much concerned as regards the age of the victim being 21 years or 18 years. What I want to point out is that the lady was definitely not less than 18 years of age; she might be above 18 years of age. Thus, the threshold which has been fixed by the provision of IPC for applying the law to the facts of such a case appears crossed.
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