Juvenile Justice (Care & Protection of Children) Rules, 2007–Rule 12–Penal Code, 1860–Sec. 363–Charge framed for the offence–Contradictory evidence on record in regard to the age of prosecutrix–She stated before Investigation Officer that she is aged of eighteen years and had consensual relations
with petitioner–She accompanied with petitioner of her own will and solemnized the marriage–Trial Court discarded the school record and relied upon the birth certificate issued by Municipal Body and held that the prosecutrix was aged below 18 years–No inquiry was made to ascertain the age–If the
age of prosecutrix is found above eighteen years, no ingredient of offence u/s. 363 would be constituted–Impugned order set aside and matter remanded back for ascertaining the age of the prosecutrix.
