offence
punishable under Sections 363 , 365 and 366 of the Indian Penal
Code.
Informant in his written complaint has alleged that his
daughter had gone ... statement under Section 164 of the Cr.P.C. It
has been further submitted that the matriculation certificate of
the victim girl has been enclosed
sections
342 , 363 , 366-A and 376-D of the Indian Penal Code and section
4 of the POCSO Act.
4. During course of trial ... detail and she is a witness to the seizure of her matriculation
certificate and school leaving certificate under seizure list Ext.4
which were taken
instituted for the offence under Sections
363 , 366A of the IPC.
It is alleged in the written report that his minor
daughter aged 15 years ... submitted that the
victim girl in her statement recorded under Section 164 Cr.P.C.
has stated her age as 17 years and learned court
changing her statement giving contradictory statement under
Section 161 Cr.P.C. and under Section 164 Cr.P.C.
On the other hand, learned ... submitted that as per the matriculation certificate the
victim happens to be minor and in her statement under Section
164 Cr.P.C. has candidly
offences
punishable under sections 363 , 366 , 120(B) of the Indian
Penal Code registered at Police Station, Kihar, District
Chamba.
2. On 31.1.2018, this Court ... dispute that the parties are major, as is
evident from the matriculation examinations certificates
annexed as Annexure P-1 with CrMP(M) No. 75/2018
than 18 years, and therefore,
provisions of Sections 363 and 366 of IPC will not be attracted.
Attention of this Court has also been drawn ... determining
the age strictly in that order of chronology, namely if matriculation
mark-sheet is available, then that is to be seen and if such
incapable of giving a
valid consent, as per Section 375 of the I.P.C. Thus, the
first thing which is to be borne ... relevant to determine the
8
age of a child is: a) the matriculation or equivalent
certificate, if available, and in absence whereof; (ii) the
date
crime.
Learned trial court relied upon the date of birth in the matriculation
certificate, which is mentioned as 11.07.1998 and held that victim was
major ... identified the signatures
on her statement got recorded under Section 164 Cr.P.C., in which the
victim has categorically stated to the Magistrate that
Indian
Penal Code, granted anticipatory bail to opposite parties.
Learned counsel appearing for the petitioner/informant
has, however, submitted that the Court below ... below to get the statement of the victim recorded
under Section 164 Cr.P.C is to ensure that the victim does
not make
petition for protection. As per matriculation certificate the date of
birth of the victim is 17.07.2001 and accused forged matriculation
certificate and Aadhar card ... date of birth as 17.07.1999.
FIR was registered under Section 346 IPC initially but Sections 468 , 471 ,
363 , 366 A and Section
