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RANJAN GOGOI, NAVIN SINHA, K.M.JOSEPH
RAJAK MOHAMMAD – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent
Paragraph 7 of the judgment discusses the evidence regarding the age of the prosecutrix. It states that the prosecution relied on a school admission form and a certificate issued by a teacher to establish the prosecutrix’s age. The court notes that the details in the admission form were in the handwriting of the teacher and signed by the prosecutrix’s mother, but the actual school leaving certificate, which served as the basis for the admission form, was not exhibited or examined. The court emphasizes that the certificate’s evidentiary value is limited, as it was not directly produced or verified, and the mother of the prosecutrix was not examined. Therefore, the court considers the evidence regarding the prosecutrix’s age to be uncertain and insufficient to conclusively establish her as a minor at the relevant time (!) (!) .
ORDER :
1. The accused appellant has been acquitted by the learned trial Court of the charges under Sections 363, 366 and 376 of the Indian Penal Code, 1860 (“IPC” for short). In appeal by the State the order of acquittal has been reversed and an order of conviction recorded by the High Court following which he has been sentenced to suffer rigorous imprisonment for four (04) years, five (05) years and seven (07) years respectively for the offences under Sections 363, 366 and 376 IPC. All the sentences are directed to run concurrently.
The accused appellant has been in custody for nearly three and half years.
2. The evidence of PW 6 -the prosecutrix with regard to the incident of abduction and commission of rape stands contradicted by her previous statement in writing recorded under Section 161 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short) with which she was confronted (Exhibits PW18/F and PW18/G].
3. Apart from the above, from the evidence of Bimla Devi (P.W.7) it appears that the prosecutrix has remained with the accused appellant for about two days in Kullu in the house of P.W.7 and that there were about 60-70 houses in the village. The materials on record also indica
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