STATE OF RAJASTHAN Vs. KHUSHALCHAND & ANR.

JUDGEMENT

(1.) Heard learned counsel for the State and learned counsel for the accused-respondents.

(2.) On the request of both the parties, the matter is being decided at the stage of admission.

(3.) Counsel for the appellant-State has argued that the prosecutrix PW-6, in her statement, has specifically alleged that accused-Khushalchand took her by force in a car and then committed rape upon her in her maternal uncle's residence. From there she was taken to Mumbai, where also, rape was committed upon her. It is also argued that the date of birth of the prosecutrix, as per Ex.P-7, is 07.06.1993 and as per Ex.P-11, the age of the prosecutrix is said to be between 15-17 years. The question of consent, as per the counsel, does not arise, as the prosecutrix was a minor at the time of occurrence.