THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.521 of 2011 BETWEEEN: The State of A.P. … Appellant AND Pathulothu Venkateshwarlu … Respondent THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.521 of 2011 JUDGMENT: The respondent/accused was acquitted by the Assistant Sessions Judge, Miryalguda in Sessions Case No.87 of 2008 of the charge under Section 366-A I.P.C. The victim PW3 is stated to be aged 16 years by the date of offence as per Ex.P3 date of birth certificate obtained from school records. According to the accused, PW3 was aged 20 years by the date of offence. Except filing Ex.P3 certificate, the prosecution did not make any attempt to prove the contents of the said certificate by examining the person who issued the said certificate or the school head master who passed on the said certificate to the Police. In the absence of proof of PW3’s age as a minor, bottom of the prosecution case is knocked away. 2. PW1, who is father of the accused, was not a witness to the occurrence of missing of PW3. When PW3 was travelling in a bus along with her maternal grand mother PW2, PW3 got down the bus at a stop for passing urine and disappeared. Ultimately, PW3 could be traced with the accused. PW3 in cross-examination admitted that she and the accused lived together for 15 days prior to the police bringing her. But as per the prosecution version, PW3 was traced by the police in about 3 days after missing. In view of the evidence of PW3, the lower Court rightly observed that contents of Ex.P1 report given by PW1 to the Police are doubtful. There is no allegation of PW3 and the accused indulging in sex during the period of 15 days when PW3 stayed with the accused. In these circumstances, the lower Court rightly and for justifiable reasons, recorded acquittal of the accused. 3. Hence, the Criminal Appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 15.04.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.521 of 2011 DATED: 15.04.2011 ysk