Vijay Kumar vs State of U.P.

Barkat Ali Zaidi, J.—The accused applicant, who is pujari of Mandir Mahadev at Lala Ka Bazar, Meerut is said to have seduced the daughter of the complainant as she used to go often to the Mandir. The accused applicant pujari lured the girl in a trap by telling her that he will ensure the recovery of her father from illness from which he is suffering. He continued to have sexual intercourse with her of and on and the matter came to light when she became four months pregnant.

Heard Sri K. K. Srivastava, advocate, for the applicant and Mohd. Israil Siddiqui, Addl. Government Advocate, for the State.

The argument of the counsel for the accused applicant is that in her medical certificate her age has been given by the Chief Medical Certificate, Meerut, Officer as being about 18 years. According to the High School certificate her age would be about 15 years at the time of occurrence.

It is well-settled that there can be a difference of 2 years either way, in the assessment of age by medical examination, which means that she may be about 16 years at the time of occurrence. In her statement u/s 164, Cr. P.C. the prosecutrix has stated that she was cheated and deceived by the accused, because he told her that he would cure her father.

The accused has betrayed the trust of prosecutrix coming to the Mandir for puja and defiled the sacrosanct premises of the Mandir.

In any case we have the High School Certificate which is a good piece of evidence about age. In that case she could even be below the age of consent.

He does not deserve bail.