NANDLAL RAMKISHORE YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPLICANT is arrested by Pant Nagar Police Station in connection with C.R. in connection with C.R. No. 199 of 2001. This C.R. is registered on 12-7-2001 under section 376, 506 and 342 of I.P.C.

(2.) THE F.I.R. was lodged by the prosecutrix. In the F.I.R. the prosecutrix has stated that on 11-7-2001 her mother had gone for work. Her father had also gone out. She went to her school in the morning and came back at about 12-30 in the afternoon. At that time the applicant came there and he called her to his house. She went to his house. The applicant committed rape on her in house. At that time her father came there in search to her. He knocked on the door. Applicant threatened the prosecutrix that she should not inform this incident to anybody. Applicant opened the door and told her father that the prosecutrix was not there. The father then left that place. The prosecutrix then came home and informed her parents about the incident. She then lodged her complaint on 12-7-2001.

(3.) I have heard Mr. Jha, learned Counsel appearing for the applicant. He stated that the applicant is about 16 years and nine months old. In support of this, the Learned Counsel has relied upon a School Leaving Certificate issued by Shree Shikshan Sansthan, Khajuran Dhema, Jaunpur. In this certificate the date of birth of the applicant is mentioned as 28-10-1984. Xerox copy of the certificate is taken on record.