Penal Code, 1860–Secs. 363, 366 & 376–Acquittal–Leave to appeal–No allegation was levelled by the prosecutrix in regard to committing rape–Accused was aged 60 years–No medical examination to determine as to whether he is competent to performing sexual intercourse–Medical evidence revealing that the prosecutrix was aged above 18 years–Held, no offence is made out and acquittal was justified.


