(6) In the case in hand, the only reasonable plausible explanation comes out is with respect to the age that of the doctor PW-9. He has stated that on the date of examination the age of the prosecutrix was found to be 18to 19 years according to the fusion of bones. The witness has further stated that the margin of three years on either side is acceptable under medical examination. Therefore considering statement of the witness, the age of the prosecutrix on the date appears to be 18 years or more and she cannot be termed as minor on the date. Now considering the statement of the prosecutrix that she has turned hostile and has not supported the case of the prosecution, instead has clamped allegation on one Munna who is not accused in this case, I am of the opinion that in absence of any such other corroborative or any other evidence, this cannot be held that the accused had committed forceful rape on the prosecutrix. Therefore, after close scrutiny of the entire case in hand and examination of the evidence, 1 am of the opinion that the learned court below has committed an illegality in convicting the accused and therefore this cannot be sustained. Accordingly, the impugned judgment of conviction and order ofsentence is set aside.
