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Tulachha Ram vs. State of Rajasthan, Through P. P.

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Protection of Children from Sexual Offences Act, 2012–Sec. 5(j) (ii)/6–Age of prosecutrix–Determination–Though the school certificate showing her minor, yet the evidence of herself and other prosecution witnesses revealing that she was major on the day of incident–Trial Court wrongly relied on the official document (School Certificate) by raising the presumption u/s. 35 of Evidence Act–No reason to disbelieve the statements of prosecution witnesses–Case of consensual relations and victim was above the age of 18 years–Held, appellant is entitled to be acquitted.