STATE OF H.P. Vs. JAGAT RAM

JUDGEMENT

(1.) THE prosecutrix is alleged to be a minor. As per the case of the prosecution, she was raped by one Suresh Kumar, a juvenile, who was tried and acquitted by the Juvenile Justice Board. The prosecutrix alleged conspiracy against the present respondents, who were acquitted by the learned trial Court for the offences charged, thus, the state felt aggrieved by the impugned judgment passed by the learned trial Court in Session Trial No.19-S/7 of 2005 decided on 7.8.2007.

(2.) HEARD and gone through the record.

(3.) ANOTHER piece of evidence is copy of Pariwar register Ext.PW5/B, which was sought to be proved from PW11 Sh. Kewal Ram, Panchayat Secretary, wherein estimated year of birth of the prosecutrix is 1989 and there is no supporting evidence what was its basis. Lastly, the prosecution has relied upon school leaving certificate Ext.PW14/E obtained from the Headmaster, Government Middle School Samtha, Tehsil Chopal by the Investigating Officer ASI Chaman Lal, wherein her date of birth has been depicted as 3.4.1989, but it has not been proved in accordance with law as neither the Headmaster issuing the certificate was examined nor it is supported by the admission slip or any other supporting document of the date of birth of the prosecutrix. Therefore, in our considered opinion, the prosecution has failed to prove that the prosecutrix was minor at the time of alleged incident.