MOHAMMAD RASHEED Vs. STATE

JUDGEMENT

(1.) Heard Sri H.A.Alvi, learned counsel for the petitioner, Sri Manoj Kumar Tewari, learned counsel for opposite party No. 3 and learned Additional Government Advocate.

(2.) We have gone through the statement of the prosecutrix Rahila recorded under Section 161 Cr.P.C. as well as under Section 164 Cr.P.C. We have also gone through the medical examination report of prosecutrix Rahila in which the doctor, on the basis of xray report and ossification test of the prosecutrix, has opined her age to be above 18 years.

(3.) Learned counsel for respondent has produced before the Court High School Certificate of Rahila of the year 2007 wherein her age has been mentioned to be 22.11.1993, meaning thereby that prosecutrix Rahila has passed her High School at the age of less than 14 years.On the record of the writ petition, there is no birth certificate of prosecutrix Rahila.