BHEEM Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Agarwal, J. The appellant Bheem has filed this appeal against the judgment and order dated 15-11-80 passed by the III Additional Sessions Judge, Azamgarh whereby he along with Swaroop was found guilty of an offence under Sec tion 363, IPC and sentenced to undergo rigorous imprisonment for a period of two years.

(2.) I have heard Sri Rajul Bhargava, Advocate, holding brief of Sri Indal Singh, learned counsel for the appellant and the learned A. G. A. and have perused the rec ord.

(3.) LEARNED counsel for the appellant mainly attacked the finding of the court below regarding the age of the girl. She was medically examined and the medical report is Ex. Ka-4 on record. The medical officer was not produced as a witness but genuineness of this report was admitted on behalf of the accused. The report states that the age of girl was about 16 years. Both the epicondyle of humer us head of radius and oleciancra process of ulna had united with the shafts. Lower epiphfsis of radius and ulna had not yet united with the shafts.