(A) Penal Code (45 of 1860) , S.366A— Evidence Act (1 of 1872) , S.3— Procuration of minor girl – Testimony of victim – Reliability – Allegation that accused had taken away victim with intention of marrying her – Victim admitted that when she was travelling with accused, she did not at any time raise hue and cry so as to escape from accused – Victim did not specify places where she was confined – Victim did not speak about station at which she had de-boarded train – Testimony of victim was not reliable – There was clear consent when victim travelled with accused – It was not proved that the victim was minor – Accused was acquitted.
(B) Penal Code (45 of 1860) , S.366A— Procuration of minor girl – Age of victim girl – Determination – Neither any certificate to prove date of birth of victim was produced nor her parents were asked any question about her age – Medical officer referred victim to radiologist and based on report, issued certificate certifying her age to be between 16 to 17 years – Since there could be a difference of two years, either way in case of ossification test , said age determination did not conclusively establish victim’s minority – Radiologist was neither examined nor was his report marked in evidence – Accused was acquitted.