KARU SWARNKAR ALIAS SUDHIR KUMAR S/O PRABHU SAO R/O GOVINDPUR SATDHARBA POLICE STATION GOVINDPUR DISTRICT NAWADA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the Amicus Curiae.

(2.) THIS appeal is filed against the Judgment and order dated 13.05.1998 passed by the 3rd Additional Sessions Judge, Nawadah in connection with Govindpur P.S. Case No. 01 of 1989 whereby and whereunder appellant has been convicted for the offence under Section 366 of the I.P.C. and sentenced to undergo Rigorous Imprisonment for 3 years.

(3.) APPELLANT is convicted under Section 366 of the I.P.C. goes to show that Trial Court is of the view that victim was major one otherwise also Ext. 3 is there to state the age of the victim in between 16 to 17 years but without examination of Doctor that is not to be accepted as evidence. F.I.R. is to the effect that victim was 14 years at the time of occurrence but victim is examined in the case as P.W.2 stating her age 22 years in the year 1998, while occurrence is of the year 1989-1989. Court has assessed her age as 29 years, relating the same back to the year 1989, age of the victim comes to 20 years. This much is relevant in the case, as victim is examined and making some statement about the incident which will be discussed later.