DHARAMVEER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner allegedly lived with Babita (15) from the date she accompanied him on December 8, 2000 till January 12, 2001. Statement of Babita under Section 164 Cr.P.C. certainly seems to indicate that she was a consenting party but if the age is taken to be less than 16 her consent would be immaterial.

(2.) According to her own statement she is 15. According to her father she is 13/14. According to ossification test she is 14-1/2 to 15-1/2. According to the Dentist her age is about 15.

(3.) It will for the trial court to consider the prosecution case in the light of the above but for the purposes of bail it appears that it is a border line case where prosecutrix may be below 16 or above 16.