The age of consent in sexual offenses is critical, rendering any alleged consent from a minor legally immaterial.

1. This appeal is directed against the judgment dated 13-8-2004 passed by Additional Sessions Judge, Bemetara, Durg in Sessions Trial No. 46/2004. By the impugned judgment, accused / appellant Ghanshyam alias Pappu has been convicted under S.376 (1) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 3,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 6 months and co - accused Rupesh Kumar alias Gudda has been acquitted of the charges framed against him.

2. Case of the prosecution, in brief, is as under :
On 13-1-2004, at about 7:00 p. m., at village Bhardakala, appellant along with acquitted accused Rupesh Kumar alias Gudda induced the prosecutrix (PW - 5); took her to the house of Maharunisha (PW - 6), sister of the appellant) at Kawardha and committed sexual intercourse with prosecutrix (PW - 5) twice. Nathuram (PW - 1, father of the prosecutrix) made written complaint (Ex. P - 1) and lodged First Information Report (Ex. P - 2) in Police Station Saja. Offence under S.363 and S.366, IPC was registered. On the next day of the incident, Lachhiram Sahu (PW - 2, brother of the prosecutrix) took the prosecutrix (PW - 5) returned to her house and offence under S.376, IPC was also registered against the appellant. Prosecutrix (PW - 5) was sent to Community Health Centre, Saja for medical examination vide Ex. P - 16A. Dr. Smt. Ujwala Dewangan (PW - 11) and Dr. Vandana Gupta (PW - 12) examined the prosecutrix (PW - 5) and gave their reports vide Exs. P - 16 and P - 18 respectively. Dr. Smt. Ujwala Dewangan (PW - 11) prepared two slides of vaginal swab. Prosecutrix (PW - 5) was sent to the District Hospital Durg for x - ray examination and Dr. S. K. Mandage (PW - 15) took out x - ray and gave his report (Ex. P - 23), in which, he opined that the age of prosecutrix (PW - 5) was 15 years. In further investigation, site map (Ex. P - 3) was prepared by Patwari Toomanlal Devhari (PW - 14). Another site map (Ex. P - 7) was prepared by Sub-Inspector K. P. S. Paikara (PW - 13). Photocopy of Dakhil Kharij Panji was obtained. Memorandum statement (Ex. P - 12) of acquitted accused Rupesh Kumar alias Gudda was recorded and at his instance Scooter and motorcycle Kawasaki Boxer were seized from him vide Exs. P - 13 and P - 14 respectively. Samiz and underwear of the prosecutrix (PW - 5) were seized from the prosecutrix (PW - 5) vide Ex. P - 8. Underwear of the appellant was also seized vide Ex. P - 15. Appellant Ghanshyam was also sent to the Government Hospital, Saja for medical examination. Dr. Sunil Singh (PW - 16) examined him and gave his report (Ex. P - 20A), in which, he found that the appellant was capable of committing sexual intercourse. Slides were seized vide Ex. P - 19. Seized articles were sent to Forensic Science Laboratory, Raipur for examination. Report (Ex. P - 27) was received therefrom. After completion of the investigation, charge - sheet was filed against the appellant and acquitted accused in the Court of Judicial Magistrate First Class, Bemetara, who, in turn, committed the case to the Court of Sessions Judge, Durg, from where, it was received on transfer by Additional Sessions Judge, Bemetara, who conducted the trial and convicted and sentenced the appellant as mentioned above and acquitted the co - accused Rupesh Kumar alias Gudda.

3. In support of its case, prosecution has examined Nathuram (PW - 1, father of the prosecutrix), Lachhiram Sahu (PW - 2, brother of the prosecutrix), Altaf Khan (PW - 3), Sohan Sahu (PW - 4), Prosecutrix (PW - 5), Mehrunisha (PW - 6), Ravi Kumar Sen (PW - 7), Rajesh Singh Chandel (PW - 8), Muniram (PW - 9), Fagalu Ram (PW - 10), Dr. Smt. Ujwala Dewangan (PW - 11), Dr. Vandana Gupta (PW - 12), Sub-Ins