The court affirmed that a minor cannot consent to sexual acts and emphasized the importance of medical evidence and credible witness testimonies in rape cases.

1. This appeal is directed against the judgment dated 18-9-2002 delivered by Shri N. D. Ekka, 4th Additional Sessions Judge (Fast Track Court), Janjgir in Special Case No. 508/2001 whereby the appellant was convicted under S.376(1) and S.506, Part II of the IPC and was sentenced to undergo rigorous imprisonment for seven years and fine of Rs. 500/-, in default of payment of fine, to undergo further R. I. for three months under S.376(1) and to undergo R. I. for two years under S.506, Part II of the I.P.C.

2. Briefly stated the prosecution story is that Prosecutrix PW 15, aged about 13 years, is the daughter of Ambika PW 2 and Ramkishun PW 5. On 26-10-2001, she along with Ku. Pushpa PW 18 and Ku. Meena D. W. 1 had gone to witness Dussehara festival in which the effigy of Ravana was burnt in the outskirts of the village Tanaud. At about 7.00 p. m. after festival was over the prosecutrix PW 15 was returning home alone. Near the village tank while she was attending a call of nature, the accused appellant came there and caught hold of her, kissed her, forcibly lifted her and took her towards the bushes near the tank, forcibly undressed her and committed rape on her. The prosecutrix said that she would tell her mother about the incident. The appellant threatened to kill her. Due to forceful penetration the virgin prosecutrix started bleeding profusely from the private parts. The appellant offered his banian to wipe out the blood but she did not accept it and went to the tank and washed herself. On returning home, the prosecutrix informed her mother Ambika PW 2 about the rape committed by the appellant on her.

3. FIR Ext. P2 was lodged by Ambika in Police Station Shivrinarayan on 27-10-2001 at 9.15 a. m. Prosecutrix was sent for medical examination. Dr. Rama Ghosh PW 7 examined the prosecutrix at 6.30 p. m. on 27-10-2001 and found that she had discomfort in walking and could walk slowly. Her secondary sexual characters were well developed. There were multiple bruises reddish blue in colour on her breasts and she was complaining of pain all over both breasts. There was a cut present at the joint of both Labia Majora and Labia Minora which was skin deep red in colour, margins were lacerated 1 cm. long and it bled slightly on touch. Her vagina was very tight, though admitted two fingers and on stretch was bleeding. Blood clots were also present. There was a lacerated wound present over right lateral vaginal wall. Margins were not clear. It bled on touch. The depth of lacerated wound was about ' cm. Hymen was ruptured. Curunculea was present, red in colour. In the opinion of Dr. Ghosh PW 7, the injuries were about 24 to 30 hours old. She opined that forceful sexual intercourse might have been committed on the prosecutrix PW 15. She referred her for determination of age to the District Hospital, Bilaspur.

4. Dr. R. Jitpure PW 6 who conducted the ossification test on the prosecutrix for determination of her age found as follows:
(i) Head of radius was fused (age of fusion is 14 years)
(ii) Olecranon process was fused (age of fusion is 15 years).
(iii) Lower end of radius ulna not fused (age of fusion is 17 to 18 years).
(iv) Iliac Crest had appeared though not fused (age of appearance 14 years, age of fusion 19-20 years).
On the basis of above findings, Dr. Jitpure PW 6 opined that age of Prosecutrix could be between 15 to 17 years on the date of occurrence.

5. Birth certificate of Prosecutrix Ext. P5 given by Headmaster Umedram Sahu of Primary School, Tanaud showing the date of birth of Prosecutrix as 2-1-1987 was seized vide Ext. P4. The appellant was