GANESH ALIAS JAIRAMBHAI PAWAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant came to be tried for the offences punishable u/s. 363, 366 & 376 of the Indian Penal Code, 1860 [for short, "the IPC"] by the City Sessions Court No. 17 at Ahmedabad in Sessions Case No. 79 of 1987. He was convicted for the said offences and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year.

(2.) The facts of the prosecution case are as under ;

(3.) Mr. N. K. Majmudar learned Advocate for the appellant has contented that the prosecution has failed to prove beyond reasonable doubt that the age of the victim, at the relevant point of time, was below 16 years. He has submitted that there is no cogent evidence on record viz. Birth Certificate etc., to prove the age of the victim. He has submitted that the age of the victim, as reflected in the school records, was entered by the mother of the victim merely on presumption and without any basis and, therefore, the same could not be accepted to ascertain the age of the victim.