Penal Code, 1860

— S. 376 Sixthly — Rape — Age of prosecutrix — Proof — Entry in school register showing date of birth of prosecutrix to be below 16 years at the time of the occurrence — Held, such entry admissible in evidence — It may not be conclusive but has evidentiary value — On facts, as the same was amply corroborated by oral testimony of Headmaster and a teacher of the school, and father of the prosecutrix, prosecution proved its case — Hence defence that accused had sexual intercourse with consent of prosecutrix was of no consequence — Trial court rightly convicted accused-respondent under S. 376, (2006) 5 SCC 736-A

Penal Code, 1860

— S. 376 proviso — Sentence — Mitigating factors — Adequate and special reasons — Prosecutrix a consenting party — Having regard to this and other facts and circumstances, accused directed to be sentenced to the period already undergone by him in the interest of justice, (2006) 5 SCC 736-B