RAMESH SINHA, J. - (1.) HEARD learned counsel for both the sides and perused the statement of victim recorded under Section 164 Cr.P.C. by the Magistrate on 13.9.2011. We have also perused the medical report of the victim and as per the same, the victim was 18 years of age.
(2.) WE want to simply refer to the judgment reported in AIR 1982 SC 1297, Jaya Mala Vs. Home Secretary , Jammu and Kashmir and Others. It was a case of preventive detention in which the age of the detenue was in dispute. It was held by the Supreme Court that when an age assessment report is submitted by a doctor, then there could be a margin of plus 3 years in favour of the detenue. Likewise, in the case presently before us, the law is also well settled that if the victim is determined to be of a particular age then a margin of 3 years has to be added so as to finally calculating her age. Considering the above legal position, we hold that the lady was definitely above 18 years of age on the date of occurrence.
(3.) COMING to the statement of the victim recorded under Section 164 Cr.P.C., we find her moving out of her parents house of her own free will so as to reaching a bus stand, where accused petitioner No.1-Gopal Yadav met her. The lady stated that she had fallen in love with Gopal Yadav and wanted to marry him and as such accompanied accused Gopal Yadav up to his house and stayed there for 15 days and thereafter went to Arya Samaj Temple at Allahabad for getting herself wedded to him.;