NIRANJAN SAKHARAM KEDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned advocate for the applicant and the learned A.P.P. for the State.

(2.) BY judgment and order dated 23.9.1997, the learned IVth Assistant Sessions Judge, Thane convicted the applicant-original accused under Section 376 of IPC in Sessions Case No.158 of 1996. Appeal preferred by the applicant came to be dismissed, hence, this revision.

(3.) AS stated earlier, the sexual intercourse was by consent, however, the prosecution case is that prosecutrix was below 16 years of age at the time of incident and hence, case of rape was made out under Section 376 of IPC. Reliance is placed on the date of birth of the prosecutrix noted in the School Register which shows that date of birth was 3.5.1983. The incident is said to have taken place in the month of October, 1995, in view of the date of birth reflected in the school register, the learned APP contended that the prosecutrix was below 16 years of age at the time of incident, hence, case of rape is made out.