Mohd. Yamin, J. - (1.)Ganga Ram appellant was convicted under Sec. 366 Penal Code and sentenced to 13 months' rigorous imprisonment with a fine of Rs. 200.00 and in default to undergo one months simple imprisonment by learned Additional Sessions Judge, Bhilwara by his judgment dated 19.12.1984 in Sessions Case No. 23/84.
(2.)Briefly stated, the story of the prosecution is that Devi Singh was an employee of C.R.P 61 Battalion and was posted in Assam. He belongs to village Dablachanda where his minor daughter Chand Kanwar aged 13 years was residing alongwith Sajjan Singh and Bhagwan Singh who are her real brothers. Devi Singhs wife had expired five years ago. Before about four months from 6.6.1983 Manohar Singh went to the house of complainant and asked Chand Kanwar to go alongwith him in order to see a film at Bhilwara. He was accompanied by his daughter Manju Kanwar. Devi Singhs elder son Sajjan Singh, Ganga Ram and Manohar Singh took the prosecutrix in village Haripura of Madhya Pradesh where they married Chand Kanwar with Bahadur Singh of village Matakhera without the consent of the guardian of girl though Chand Kanwar resisted it. Bahadur Singh thereafter took Chand Kanwar to Matakhera. When Devi Singh came to know about this fact he sent a report to the Superintendent of Police, Bhilwara whereupon a case was registered and during investigation Chand Kanwar was recovered from the house of Bahadur Singh. She was medically examined and her age was found to be 14-15 years. Bahadur Singh, Sajjan Singh, and Ganga Ram were prosecuted. Sajjan Singh and Ganga Ram were charged with offence under Sec. 366 Penal Code while Bahadur Singh under Secs. 363 and 366/1,09 IPC. They all denied their indictment. Thereafter prosecution examined six witnesses. Then the accused persons were examined under Sec. 313 Crimial P.C. who produced Bhagwan Singh as a defence witness. Learned Sessions Judge convicted and sentenced the accused appellant as stated above. Bahadur Singh was convicted under Sec. 342 Penal Code and was given benefit under Probation of Offenders Act. Sajjan Singh was acquitted. It is Ganga Ram who preferred this appeal. I have heard the learned counsel for the appellant as well as learned Public Prosecutor and have gone through the entire evidence in order to reappreciate the same.
(3.)The foremost point to be decided in the case is as to what was the age of the prosecutrix at the time of offence ?