The State appealed against an acquittal alleging error in determining the prosecutrix's age. The bench held the trial court's evaluation of evidence, including school and medical records, was correct and sufficient. The appeal was dismissed, upholding the trial court's judgment.
The appeal preferred by the State is dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 610/1999
State
----Appellant
Versus
Punam Chand
----Respondent
For Appellant(s) : Mr. S.S. Rajpurohit, PP For Respondent(s) : Ms. Yogita Mohnani
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
12/07/2022
This appeal has been preferred claiming the following
reliefs:-
“It is, therefore, humbly prayed that leave to appeal may kindly be granted and appeal may kindly be accepted and the impugned judgment dated 18.06.1999 passed by learned trial court may kindly be quashed and set aside and the accused respondent be convicted and sentenced as per provision of law.”
Learned Public Prosecutor focuses on the core allegations that the age of the prosecutrix was not properly arrived at by the learned trial court as the school documents which were exhibits 9 and 10 clearly reflected that the present prosecutrix was below 18 years of age.
Learned Public Prosecutor though accepts that the complete case is of consensual relationship, but at the same time, the consent as per him becomes irrelevant as the girl was minor.
(2 of 2) [CRLA-610/1999]
Learned counsel for the respondent has shown from the record that the parents of the girl laid deposition of school certificate, the statement of PW-11 Dr. N.S. Kothari and medical report exhibit-17 clearly helped the Court to arrive at a conclusion that the prosecutrix was above 18 years of age.
Learned counsel for the respondent also submitted that the chemical report has not been submitted.
This Court after examining the record is of the opinion that the learned trial court was right in examining the age in the given circumstances, at length consideration has been made and there is no reason to differ from the same.
Consequently, the present appeal is dismissed.
(DR.PUSHPENDRA SINGH BHATI), J.
53-NS/suraj/-
2 issues framed by the court
Whether the High Court should interfere with the trial court's finding on the age of the prosecutrix.
Whether the School documents (Exhibit 9 and 10) required the age to be treated as below 18 years contrary to the substantial evidence.
State
PUNAM CHAND
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
