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Head Note

Indian Penal Code,1860  - Section 376

Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3) - Rape - Age Determination - Held that the High Court should have relied firstly on the documents as stipulated under Rule 12(3)(b) of the Rules, 2007 and only in the absence, the medical opinion should have been sought - Trial Court has also dealt with this aspect of the ossification test and held that in the present case the ossification test is not the sole criteria for determination of the date of birth of the prosecutrix as her certificate of birth and also the certificate of her medical examination had been enclosed - Keeping in view the medical examination reports, the statements of the prosecution witnesses which inspire confidence and the certificates proving the age of the prosecutrix to be below 16 years of age on the date of the incident, the impugned judgment passed by the High Court liable to be set and the judgment and order passed by the IIIrd Additional Sessions Judge convicting the respondent upheld - Respondent directed be taken into custody forthwith to serve out the sentence.

Topic(s)-Rape - Minor - Age Determination - Conviction