not furnishing proof of age

2021 CRL LJ 119

AIROnline 2020 SC 743 (SUPREME COURT)

(From: Jharkhand)

Criminal Appeal No. 635 of 2020(Arising out of SLP (Crl.) No.393 of 2020), 

D/28-9- 2020.

Maheshwar Tigga v. State of Jharkhand. 

Penal Code (45 of 1860), Ss. 376, 323, 341, 90-Evidence Act (1 of 1872), S.3 Rape-Consent - Accused allegedly out- raged modesty of prosecutrix at point of knife while she was on way to school and on pretext of marrying her continued to establish physical relations with her as husband and wife No name of school disclosed either by prosecutrix or her par- ents - No explanation given for not furnishing proof of age of prosecutrix - Pos- sibility of her being above 18 years of age on date of incident not ruled out Nature and manner of allegations, coupled with letters exchanged between accused and prosecutrix make it apparent that their love for each other grew and matured over suf- ficient period of time - Prosecutrix even gone and resided in house of accused No false promise or intentional misrepre- sentation of marriage by accused leading to establishment of physical relationship between parties - Consent of prosecutrix was but conscious and deliberated choice - Conviction, set aside. (Paras 7, 10, 19, 20)