cross-
examination as well as statement recorded under Section 313 of the
Cr.P.C. is that of complete denial of the occurrence ... under Section 164 Cr.P.C., Exhibit-2/1 statement
under Section 164 Cr.P.C. of the victim, Exhibit-3 matriculation
certificate of Nitu
statement in writing, as such,
the statement recorded under Section 164 Cr.P.C. is also not free from
reasonable doubt. Further submission is that ... Cr.P.C . and her evidence in court that the victim girl though claimed to
be a Matriculate but she has no intelligence
statement in writing, as such,
the statement recorded under Section 164 Cr.P.C. is also not free from
reasonable doubt. Further submission is that ... Cr.P.C . and her evidence in court that the victim girl though claimed to
be a Matriculate but she has no intelligence
statement in writing, as such,
the statement recorded under Section 164 Cr.P.C. is also not free from
reasonable doubt. Further submission is that ... Cr.P.C . and her evidence in court that the victim girl though claimed to
be a Matriculate but she has no intelligence
under Sections 161 CrPC and their medical examination, the prayer
was made for recording of their statements under Section 164 CrPC
but the same could ... agency got the statements of
the alleged victims recorded under Section 164 Cr.PC at the earliest;
and a sense of urgency should have been
having the
hangover of the procedure of trial or inquiry under
the Code as if they are trying an offence under the
penal laws forgetting ... seek evidence
and in that process, the court can obtain the
matriculation or equivalent certificates, if available.
Only in the absence of any matriculation
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
Rules. We cannot import other procedures laid down in the
Code of Criminal Procedure or any other enactment while making an
inquiry with regard ... seek evidence and in that process, the Court can obtain a matriculation
or equivalent certificates, if available. Only in the absence of
matriculation or equivalent
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
