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RANJAN GOGOI, SANJAY KISHAN KAUL, K. M. JOSEPH
Ashok – Appellant
Versus
State Of Maharashtra – Respondent
ORDER
1. The accused appellant who has been convicted under Sections 376 and 448 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years is in appeal.
2. We have heard the learned counsels for the parties.
3. The prosecution case, in short, is commission of series of forcible intercourse with the victim by the accused and thereafter promise of marriage. The victim did not report any of the incidents at any earlier point of time prior to the institution/lodging of the F.I.R. in question. The plea of consent has accordingly been raised in defence. Therefore, the crucial point to be determined is the age of the victim, namely, whether she was a minor at the relevant point of time.
4. The learned trial Court has held the victim to be a minor on the basis of the fact that on the date of deposition in Court she had given her age as 17 years. Taking into account the fact that the incident had occurred two years earlier, the trial Court held the victim to be a minor. The said view has been upheld in appeal by the High Court.
5. The aforesaid view overlooks the fact that the victim herself had stated that she was not aware of her age. Again the statement in t
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