“8... … … … … … … … … … P.W.11 Puja Das (informant & victim) was examined in the court on 9th April, 2008 and on that day, she has told his age as 19 years. According to this witness at the time of beginning of occurrence (i.e. in July,2005) she was more than 16 years of age. Further P.W.4 is brother of informant. This witness has told that, informant Puja Das is younger to him and her age is 4 to 5 years less to his age. This witness was examined on 16th January 2008 in court and he has told his age 28 years, and according to him at the beginning of occurrence his age was 25 years. As per statement of this witness the age of Puja Das is 4 to 5 years less than his age. So, according to this witness at the beginning of occurrence the age of victim Puja Das was about 20 or 21 years. Further as per statement of Dr. (P.W.13) and medical report of informant Puja Das (Ext.2 & 2/1) at the time of examination of informant Puja Das by Dr. on 04.07.06 the age of informant Puja Das was more than 19 years. Thus, according to statement of P.W.13 and ext. 2 & 2/1 at the beginning of occurrence (i.e. on July 2005) the age of Puja Das was more than 18 years. The statements of P.W. 13 and ext. 2 & 2/1, regarding the age of informant Puja Das is based on scientific investigation of Radiologist. So, the statement of P.W.13 ext. 2 and 2/1, regarding the age of informant at the time of beginning of occurrence is more reliable and believable, and thus I find that, at the time of beginning of occurrence the informant (victim) was more than 18 years of age, and she was major. If a person has sexual intercourse with woman with her consent, when she is under 16 years of age is rape U/s 375 of I.P.C. But in this case it has been already find by me that, at the beginning of occurrence the informant was more than 18 years. Further as per statement of informant herself her age was more than 16 years at the time of beginning of occurrence. It has been already find above that, the informant (victim) fell in love with above named accused with his free-will and she went with above named accused and lived with him with her consent and free-will, and the accused did intercourse with her consent. Thus, I find that in this case offence of rape as defined U/s 375 of I.P.C. and punishable U/s 376 of I.P.C. does not attract. Therefore, on careful consideration of the evidences of prosecution and in view of my above findings, I find and hold that the prosecution has not succeeded to prove charge of offence U/s 376 of I.P.C against above named accused beyond all reasonable doubts. Therefore, I find and hold that, the above named accused is not guilty for charge of offence U/s 376 of I.P.C, and the above named accused is acquitted for charge of offence U/s 376 of I.P.C. The above named accused and is sureties are also discharged from liabilities of their bail bonds.”
