DIVISION BENCH
Before Ellis, and Ispahani, JJ.
SANTOSH KUMAR DHAR and three other – Accused Appellants
versus
THE CROWN– Respondents.

Criminal Appeal No. 51 of 1949, decided on 22nd December, 1949.

(a) Penal Code (XLV of 1960), S. 361 – Girls age – Not proved with accuracy below sixteen – Conviction for kidnapping cannot be sustained.

The Civil Surgeon on an examination estimated the girl’s age at about 17. Her mother on calculation put her age at the material time at 15 years and a few months. But as the calculation was based on the date of the mother’s marriage and that date was not given with an accuracy beyond six months, it is obvious that if there has been a six months’ error in the initial date, that would make the girl over 16 at the material date. In these circumstances, no conviction could be sustained on the charge of kidnapping. [p. 25].

Prafulla Kumar Roy, for Appellant.
Deputy Legal Rememberancer, for Crown.