The school admission register is a valid proof of age, and consent is immaterial if the victim is a minor.

JUDGMENT

1. The present appeal has been filed against the judgement of conviction dated 07.03.2009 and order on sentence dated 09.03.2009 passed by learned ASJ, Karkardooma Courts, New Delhi in Sessions Case No. 99/2008 arising out of FIR No.533/2007 registered under Sections 363 /366/376/328 IPC at P.S. Khajuri Khas, Delhi.

Vide the impugned judgement, the appellant was convicted for the offence punishable under Sections 328 /366/376/363 IPC and sentenced to undergo rigorous imprisonment for a period of 3 years for the offence punishable under Section 363 IPC with a fine of Rs 2000/- in default whereof, he was directed to undergo further rigorous imprisonment for 3 months. For the offence punishable under Section 366 IPC , the appellant was directed to undergo rigorous imprisonment for 5 years along with a fine for Rs. 5000/, in default where of he is directed to undergo further rigorous imprisonment of 6 months. With respect to the offence of section 328 of IPC the appellant was directed to undergo rigorous imprisonment of 3 years along with a fine of Rs. 2000/- in default where of he was directed to undergo further rigorous imprisonment of 3 months. Lastly, for the offence under Section 376 IPC , the appellant was directed to undergo rigorous imprisonment for 7 years with a fine of Rs 10,000/-, in default whereof, he was directed to undergo further rigorous imprisonment for 1 year. The said sentences were directed to run concurrently and the benefit of Section 428 Cr.P.C was also extended to the applicant.

2. The facts, as noted by the Trial Court, are as under:-

‘Kanchan (name changed) went missing, since 7 AM of 19.11.07. She left for her school in morning hours that day. When she did not return home, her father Ramesh lodged a missing report with the Police. He raised an accusing finger against accused, Rajneesh, who was residing in his neighbourhood and missing too from his house. On 29.11.07, Kanchan reached her house after consumption of some intoxicant. She was taken to hospital, where gastive lavage was got done. Thereafter, Roopwati, mother of Prosecutrix, brought Kanchan to PS, where her statement was recorded. Kanchan was taken to a magistrate, who recorded her statement under section 164 of Code of Criminal Procedure, 1973 (in short the Code). During the course of investigation, accused Rajneesh was arrested. Both Kanchan and Rajneesh were medically examined. Investigation culminated into a chargesheet against the accused.’

3. The appellant pleaded not guilty and claimed trial. The prosecution examined a total of 12 witnesses to prove its case. The victim was examined as PW3. Dr. Sapna was examined as PW9 to prove the MLC of the prosecutrix. As per case of prosecution, the prosecutrix was 14 and ½ years of age at the time of incident and to prove the same examined PW4, a teacher of the School attended by the prosecutrix. The other witnesses were formal in nature relating to various aspects of investigation.

The appellant in his statement recorded under Section 313 Cr.P.C. claimed innocence and stated the Prosecutrix has deposed against the appellant under the pressure of her parents.

4. Learned counsel for the appellant referred to the cross examination of PW1 as well as PW2 to contend that the prosecutrix was a major at the time of occurrence of the alleged offence. It was further submitted that a perusal of the statement of prosecutrix recorded under Section 164 CrPC, her court deposition and the MLC would show that she was a consenting party and as such, no offence under Section 376 is made out against the appellant. In this regard, reference was also made to the diary exhibited as Ex. D-1 and letters exhibited as Ex. D-2 to D-5 that were written by the prosecutrix to the appellant expressing her love towards him. It is lastly submitted that the testimonies of witnesses do not inspire confidence being full of material improvements and that the impugned judgement has been passed on the basis of surmises and conjectu