Penal Code, 1860–Secs. 376 & 363–Conviction–Sustainability–Age of prosecutrix–In the writen report, age of victim was said to be 14 to 15 years–In the recovery memo, the age was mentioned 15 years–Medical report reveals the age about 16 to 18 years–Evidence of doctor that the victim may be 18 years–No documentary evidence to prove the age of victim–No visible injury on the body of the victim or on her private parts–Medical evidence up to effect that no definite opinion can be given that whether she was habitual for sexual intercourse or not–She went with the appellant from a fare and reached Kota–No evidence to show that she was under any threat–Held, prosecution failed to prove the case beyond the reasonable doubt–Conviction deserves to be set aside.
