DINESH SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) With consent, heard finally.

(2.) It is further submitted that prosecutrix's High School Examination Certificate (10 + 2) indicates that she completed here 10th in year 2006 in which mark sheet contains her date of birth as 1st February, 1990, therefore, she was 20 years of age at the relevant point of time in year 2010 and she was 16 years of age when she completed her 10 th. Prosecutrix has referred her age as 14 years at the time of incident, whereas, she ought to have been 16 years of age at that time. The said anomaly itself takes the case into doubt.

(3.) Learned counsel for the petitioner further referred the statement recorded under Section 161 of Cr.P.C. of prosecutrix's father-Poojaram Sharma, who narrated the events while submitting that prosecutrix is his elder daughter and is a girl of mercurial temper. She was in friendship with one Jaiprakash Sharma who used to write love letters which she did not like and since accused was friend of said Jaiprakash Sharma and sided with his friend when they were studying, therefore, to take revenge, she fastened the liability over present petitioner. Prosecutrix deserted her husband also because of the quarrel took place between them. He prayed for setting aside of the impugned order.