Penal Code, 1860–Secs. 363, 366 & 376 [Corresponding Secs. 137(2), 87 & 64 of BNS, 2023]–Acquittal from the offence–Consideration over the age of the victim–Admission of PW 1 that he never went to school to get education–He was not able to understand the circumstances under that the document Ex. P-9 was issued or admission record was endorsed in the school or not–Prosecution failed to produce any document or the evidence of the school staff, head master or school register, admission from, etc.–Ex. P9 cannot be made the basis for determining the age of the victim–An opinion of a radiologist or medical jurist always remains an estimate–The possibility that the victim went with the accused at her own will–Prosecutrix negated the allegation of rape in Ex-D-1–Significant contradictions between Ex. P-8 and her statements u/s. 164–Held, acquittal was justified.
