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Judgment
The complainant-petitioner has preferred this revision
petition aggrieved by the judgment dated 09.12.2005 passed by
Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jaipur
in Sessions Case No.115/05, vide which the accused/non-
petitioners No.2 and 3 have been acquitted for the offences under
Sections 376(2)(g), 313, in the alternative under Section 313 / 34
IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities)
Act.
The main contention of counsel for the petitioner is
that the prosecutrix in this case was a minor, which fact has not
been believed by the court inspite of the fact that the ration card
Ex.P.17 was produced by PW-11, Budh Prakash, father of the
prosecutrix. It is also contended that the court below has erred in
acquitting the accused for the offence under Section 313 IPC of
having caused miscarriage without woman''s consent. It further
contended that the accused had forced the prosecutrix to take
medicine for terminating the pregnancy.
Counsel for the accused/non-petitioners has opposed
the revision petition. Their contention is that the medical board
was constituted to ascertain the age of the prosecutrix and the
medical board has, after considering the radiological reports as
well as physical appearance of the prosecutrix, given a report that
the prosecutrix was above 19 years and below 20 years of age. It
is also contended that PW-4 Dr.O.P.Meena and PW-5 Dr. Sudhir
Sharma have deposed before the court by submitting Ex.P.3,
wherein after considering the x-ray report, they have opined the
radiological age of the prosecutrix to be above 19 years and below
20 years. Therefore, the court has rightly relied upon the medical
evidence vis-a-vis the ration card, which did not depict the date
and year of its issuance.
It is further contended by counsel for the accused/non-
petitioners that PW-11, Budh Prakash, father of the prosecutrix, in
his cross-examination, has admitted that the age of the
prosecutrix was mentioned without there being any specific proof
of her age. With regard to the offence under Section 313 IPC, it is
contended that the trial court has rightly disbelieved the case of
the prosecution that the accused/non-petitioners forced the
prosecutrix to take medicine for terminating the pregnancy.
I have considered the rival contentions of the parties
and have also perused Ex.P.17.
Ex.P.17 has no endorsement with regard to the date
and year of issuance. Further age of the prosecutrix mentioned
herein was not mentioned by her father Budh Prakash on the basis
of some proof. The age which was therefore, determined by the
medical board constituted for this purpose is to be considered. The
medical board has considered the age of the prosecutrix to be
above 19 years and below 20 years. Therefore, the prosecutrix
was a major at the time of the act.
In the present case, FIR has been lodged after a delay
of at least six months and it is only when the fact of the
prosecutrix being pregnant came to the notice of her parents that
a case has been filed. There is no evidence whatsoever to the
effect that the accused/non-petitioners forced the prosecutrix to
take medicines for terminating the pregnancy.
In light of the above, the court below has not
committed any error in acquitting the accused/non-petitioners.
The present revision petition being devoid of any merit,
is hereby dismissed.