Penal Code, 1860–Secs. 376-DA, 342 & 363 [Corresponding Secs. 64, 127(2) & 137(2) of BNS, 2023]–Age of prosecutrix–Determination–No documentary evidence has been produced to prove the age of victim–Prosecution stated the age of victum to be 15-16 years on the day of incident–Doctor also stated the age between 15-16 years but admitted that difference in age opinion given on the basis of x-ray is up to two years–If margin error of 2-3 years in age on ossfication test is taken in the age of the prosecutrix then she was more than 18 years of age at the time of incident–No statement by the victim that she was being taken away forcibly–Facts stated about the victim in regard to stay for 5-6 days raise suspicion on the prosecution story–No marks or injury on her private parts–No serological report is avilable to establish that the semen found on her salwar was of the accused-appellant–Prosecution failed to establish the case beyond all reasonable doubts–Appellants are entitled to be acquitted.
