Penal Code, 1860–Secs. 363, 306, 376 & 366–Protection of Children from Sexual Offences Act, 2012–Secs. 3 & 4–Age of prosecutrix–Determination–As per medical opinion, appellant no. 1 was aged 19 years at the time of the alleged incident–Mere adhar card is not the proof of age–School certificate shows that she was slightly more than 16 years–Appellant no. 1 claimed that she had never studied in any school after class 2–Therefore, the reliance can be placed on this certificate–She went with appellant no. 2 on her own free will–No medical examination was conducted in relation to penetrative sexual assault–Appellants are living as wife and husband and there is a child out of the wedlock–Proceedings are liable to be quashed.


