Indian Penal Code, 1860
Sections 363, 376 & 506 and Section 4 of the POCSO Act—Kidnapping and rape—Acquittal—Petition for leave to appeal—For the purpose of determination of age, the ossification report was considered which suggested the age of prosecutrix in the range of 17 to 19 years—Applying the margin of error principle of two years on either side, the age of prosecutrix could be anything between 15 to 21 years—Even if the margin of error is not on the higher side, the upper limit of the age has been estimated by the ossification test as 19 years—Giving the benefit, the age of prosecutrix has to be held as 19 years—ASJ has rightly held the prosecutrix to be major at the time of incident—There were material contradictions in the testimony of prosecutrix and supporting witness and thus, their testimony were not reliable to prove the allegation of rape, which had no independent corroboration—Court below has rightly given the benefit of doubt to the respondent—No ground found to grant leave to appeal—Petition dismissed. [Criminal Procedure Code, 1973, Section 378(3)]
[Paras 13, 15 & 16]