SARVESH KUMAR Vs. STATE (GOVT OF NCT DELHI)

JUDGEMENT

(1.) On the basis of report (charge-sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C) submitted, upon conclusion of investigation into first information report (FIR) no. 62/2000 of police station Seema Puri, the appellant was put on trial in sessions case no. 100/2001, on the charge for offences under Sections 366 and 376 of Indian Penal Code, 1860 (IPC), the gravamen whereof was that on 28.02.2000 he had kidnapped the prosecutrix girl with intent to compel her for marriage and thereafter had committed rape against her during the period 28.02.2000 to 15.03.2000. By judgment dated 13.11.2001 he was held guilty and convicted, as charged, and by order passed on the same date he was sentenced to rigorous imprisonment for five years on the first count and for seven years on the second count with fine of Rs. 1,000/- each.

(2.) Feeling aggrieved, the convict came to this court with the present appeal challenging the above-said judgment of conviction and order on sentence.

(3.) The trial court record would show that the prosecutrix (PW-7) was a student of 10th standard in a government girl school during the relevant period. The school records (Ex.PW-8/B), on the basis of which her age has been certified (Ex.PW-8/A), revealed her date of birth to be 15.11.1981. There is no evidence gathered or adduced to the contrary, such school records having been proved by the vice principal of the school (PW-8) at the trial. In these circumstances, the prosecution does not refute the fact that the prosecutrix was more than 18 years old on the crucial date, her age having been indicated even by her mother (PW-2) in the initial input vide DD no. 46/B (Ex.PW-3/A) and by the FIR (Ex.PW-4/A) to be 18 19 years.