Case Note & Summary
The appellant, Ashok Pande, was convicted under Section 376 IPC for rape of a minor girl, Latiba (PW2), and sentenced to seven years rigorous imprisonment. The appeal challenged the conviction on the ground that the victim was above 16 years and the relationship was consensual. The High Court noted that the only evidence of age was a transfer certificate from a government school showing date of birth as 15-6-1997, but the incident occurred on 31-7-1993, making her 16 years 1 month 16 days old. However, the court held that the transfer certificate, though admissible under Section 35 of the Evidence Act, has little evidentiary value unless the person who made the entry or gave the date of birth is examined. Since no such witness was examined, the prosecution failed to prove that the victim was below 16 years. Consequently, the consent of the victim, who was above 16, was a valid defence. The court also noted that the fact of sexual intercourse was not disputed. Therefore, the conviction was set aside and the appellant was acquitted.
Headnote
A) Criminal Law - Rape - Age of Victim - Proof - Section 376 Indian Penal Code, 1860 - The prosecution failed to prove that the victim was below 16 years of age as the transfer certificate was not supported by examination of the person who recorded the entry or the person who gave the date of birth - Held that the transfer certificate has little evidentiary value without such examination (Paras 3-5). B) Evidence Act - Admissibility of Documents - Section 35 Evidence Act, 1872 - Transfer certificate from a government school is admissible but its evidentiary value is limited unless the source of the entry is proved - Held that the date of birth in the transfer certificate cannot be relied upon without examining the person who made the entry or gave the date of birth (Paras 4-5).
Issue of Consideration
Whether the prosecution proved that the victim was below 16 years of age at the time of the incident, and whether the sexual relationship was consensual.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of offence under Section 376 IPC.
Law Points
- Age of victim must be proved beyond reasonable doubt
- Transfer certificate without examining source has little evidentiary value
- Consent of victim above 16 years is valid defence in rape case
