State vs Punam Chand
2022 Latest Caselaw 9064 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Appeal No. 610/1999

State
                                                                   ----Appellant
                                    Versus
Punam Chand
                                                                 ----Respondent


For Appellant(s)          :     Mr. S.S. Rajpurohit, PP
For Respondent(s)         :     Ms. Yogita Mohnani



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

12/07/2022

      This appeal has been preferred claiming the following

reliefs:-


        "It is, therefore, humbly prayed that leave to appeal
        may kindly be granted and appeal may kindly be
        accepted and the impugned judgment dated
        18.06.1999 passed by learned trial court may kindly
        be quashed and set aside and the accused
        respondent be convicted and sentenced as per
        provision of law."


      Learned Public Prosecutor focuses on the core allegations

that the age of the prosecutrix was not properly arrived at by the

learned trial court as the school documents which were exhibits 9

and 10 clearly reflected that the present prosecutrix was below 18

years of age.

      Learned Public Prosecutor though accepts that the complete

case is of consensual relationship, but at the same time, the

consent as per him becomes irrelevant as the girl was minor.

                     (Downloaded on 13/07/2022 at 08:44:05 PM)
                                                                           (2 of 2)                [CRLA-610/1999]


                                         Learned counsel for the respondent has shown from the

                                   record that the parents of the girl laid deposition of school

                                   certificate, the statement of PW-11 Dr. N.S. Kothari and medical

                                   report exhibit-17 clearly helped the Court to arrive at a conclusion

                                   that the prosecutrix was above 18 years of age.

                                         Learned counsel for the respondent also submitted that the

                                   chemical report has not been submitted.

                                         This Court after examining the record is of the opinion that

                                   the learned trial court was right in examining the age in the given

                                   circumstances, at length consideration has been made and there

                                   is no reason to differ from the same.

                                         Consequently, the present appeal is dismissed.


                                                               (DR.PUSHPENDRA SINGH BHATI), J.

53-NS/suraj/-

Powered by TCPDF (www.tcpdf.org)