part of the statement of the petitioner Priyanka recorded under Section 164 Cr.P.C. before the C.J.M. Budaun is being quoted ... Magistrate under Section 164 Cr.P.C. her father Sukhlal made an application bringing on record photostat copies of her matriculation certificate, the marksheet issued
Penal Code.
The prosecution case, as lodged by the informant, is
that his daughter, aged about 15 years, who has recently taken her
matriculation examination ... sweetwill as stated by her in her statement under Section 164
Cr.P.C., but she also stated that she does not now want
certificate of the victim was obtained
from Gram Panchayat and certificate of matriculation examination was also
obtained, as per which her date of birth ... commission of offences punishable under Sections 363 , 366-A , 376 and
506 IPC, to which accused pleaded not guilty and claimed trial.
.
4. Learned trial
that she was a
consenting party even then as per Section 375 IPC the consent of
a minor girl being of no relevance, the appellant ... purpose of
determination of age of a child victim and held that matriculation
or equivalent certificate of a child is conclusive proof
been held that in a case under Section
376 IPC, when the question regarding the age of the victim
arises, then the evidence ... child and such preference
talks about the matriculation or equivalent certificates, if
available; and in the absence whereof; the date of birth
certificate from
aforesaid finding of the learned trial court is based on
matriculation appreciation of evidence and prima facie does not
appear to be illegal, improper ... offence punishable under section 363 , 366
of the IPC.
7. In view of the aforesaid discussion, prima facie there is no
ground to grant leave
that on
04.08.2016 the statement of the victim recorded under Section 164
Cr.P.C. in which she stated about moving from her house ... condition as
laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
manish
offences
punishable under Sections 363 , 366(A) of the Indian Penal Code.
The victim alleged that on 08.06.2016, the petitioner
informed her through mobile that ... years in her
statement under Section 164 Cr.P.C., but the date of birth of the
victim mention in the certificate is 15.06.1997.
Considering
offences
punishable under Sections 363 / 365 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is
that his niece Neha Kumari ... petitioner, although, she has deposed in her statement under
Section 164 Cr.P.C. after a long passage of time. He further
submits that
petitioner in FIR No.0007 dated 25.01.2017 under Sections 363 / 366 IPC
registered at Police Station Sandaur, District Sangrur.
It is submitted that the abovesaid ... Officer. Petitioner
shall comply with the conditions stipulated in Section 438(2)
Cr.P.C."
It is submitted that the petitioner has since joined
