In Brief
The Supreme Court allowed the criminal appeal of an accused who had been convicted by the High Court for abduction, wrongful confinement, and rape under Sections 363, 366, and 376 IPC. The case turned on the age of the prosecutrix at the time of the alleged incident. The prosecution's evidence regarding her minority age was unreliable—the school admission form lacked proper foundation as the mother was not examined, and the radiological report suggested age 17-18 years, leaving significant doubt. Additionally, the prosecutrix's testimony contradicted her earlier statement under Section 161 CrPC, and she had remained freely in the company of the accused for 12 days without complaint. Finding the prosecution had not proved the case beyond reasonable doubt, the Court acquitted the appellant and set aside the High Court's conviction.
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