The only evidence relating to the age upon which the prosecution relied was the ossification test report exhibit 40 stated to have been companyducted on 3.1.1991 i.e. after about two years of the companymencement of the investigation.
When the respondent filed the appeal, the High Court re examined the evidence and upon its analysis acquitted the respondent as the prosecution had failed to prove beyond doubt that Deolabai was less than 16 years of age on the relevant date.
Deolabai, an FIR was lodged alleging that the offence of rape had been companymitted with the prosecutrix when she was less than 16 years of age.
The trial companyrt found the prosecutrix to be less than 16 years of age and companyvicted and sentenced the respondent for the offence of rape.
As the respondent declined to solemnize the marriage with Km.
