Penal Code, 1860–Sec. 376–Rape–Age of prosecutrix–Though the Xray report of ossification test showing the age of the prosecutrix, below 14 years, however, the concerned doctor was not examined–Prosecutrix was also not examined on the point of her age–Her age seems to be 15-16 year in view of her statements–Prosecution failed to prove beyond reasonable doubt that she was aged below sixteen years–Held, High Court rightly held that she was aged more than 16 years and was competent for giving consent.
