ASHOK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The accused appellant who has been convicted under Sections 376 and 448 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years is in appeal.

(2.) We have heard the learned counsels for the parties.

(3.) The prosecution case, in short, is commission of series of forcible intercourse with the victim by the accused and thereafter promise of marriage. The victim did not report any of the incidents at any earlier point of time prior to the institution/lodging of the F.I.R. in question. The plea of consent has accordingly been raised in defence. Therefore, the crucial point to be determined is the age of the victim, namely, whether she was a minor at the relevant point of time.