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1 - 10 of 13 (0.37 seconds)Section 366 in The Indian Penal Code, 1860 [Entire Act]
Section 363 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 366A in The Indian Penal Code, 1860 [Entire Act]
Harpal Singh And Anr. vs State Of Himachal Pradesh on 14 November, 1980
22. As already stated above, the prosecutrix PW2 Pinky was below 16 years of age on the date of occurrence. It has also been held that prosecutrix PW2 Pinky was consenting party. However, if the victim is below 16 years, the question of consent does not arise, as held by the Hon'ble Supreme Court in Harpal Singh v. State of Himachal Pradesh (supra). Therefore, in this case, consent of the prosecutrix PW2 Pinky so far as the offence of rape is concerned, would have no effect. The theory of consent may be one of the factors for mitigating sentence, but this is another matter.
Sidheswar Ganguly vs The State Of West Bengal on 24 October, 1957
7. The Hon'ble Supreme court in Sidheswar Ganguly v. State of West Bengal (1) has held that conclusive evidence of the girl's age may be the birth certificate, if it is not available then in conjunction with such oral testimony as may be available.
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Bhoop Ram vs State Of U.P. on 4 April, 1989
In Bhoop Ram v. State of U.P. (4), the Hon'ble Supreme Court has held that on the point of proof of age, school certificate is the best evidence and so far as the medical certificate is concerned, the same is based on estimate and possibility of error cannot be ruled out.