State Of U.P vs Shiv Kumar & Ors on 20 April, 2005
39.Further medical report shows that prosecutrix had eloped with a boy
willingly with intention to get marry to him on 17.07.2009 to Kashipur,
Muradabad and she had stayed in a hotel with accused Shiv Kumar and had
a sexual intercourse with him willingly. Further, it is true that age of
prosecutrix was stated to be 16 years on the date of commission of offence
and in this regard PW10 had produced school record showing date of birth
of prosecutrix as 20.04.1994 but any document constituting basis of this
date of birth has not been placed by PW10. It is further revealed that date
State Vs. Shiv Kumar
SC No.74/2009 20/28
of birth of prosecutrix is not know to her father PW2. Further PW2 father
of prosecutrix was not able to disclosed age of prosecutrix.