sexual intercourse. During investigation, the police seized progress report of the prosecutrix of Class- 2nd which bears her date of birth as 05.11.2002. Likewise, as per the certificate-cum-marksheet of applicant Abhay Singh Thakur of High School, his date of birth is 11.12.1999. Thus, it is also undisputed that on the first date of incident i.e. 05.10.2015, both the applicant and the prosecutrix being below the age of 18 years were minor. As per the prosecution case, the prosecutrix was subjected to sexual intercourse by the applicant Abhay Singh Thakur from 05.10.2015 to 27.07.2021. In the matter of Jaspal Singh vs State of Punjab passed in Criminal Revision No.388 of 2014, order dated 06.02.2014, the High Court of Punjab and Haryana at Chandigarh, considering the fact that the accused committed rape with the prosecutrix from 1996 to 2002 even after he attained the age of majority, keeping in view the ratio of the judgment of Apex Court in the matter of Vimal Chadha vs. Vikas Chaudhary and others passed in Case No.:Appeal (crl.) 966 of 2008, held that for determining the age of the accused with regard to his juvenility, the entire period of commission of offence from 1996 to 2002 as well as the last date 10.03.2002 is relevant. Thus, the High Court upheld the order of the trial Court rejecting the application of the petitioner for declaring him juvenile for the purpose of trial of the offence alleged against him.
