S. K. MISRA, J. ( 1 ) ). THE appellant assails the order of conviction under Sections 363 and 376 of the Indian Penal Code. ( 2 ) AN F. I. R. was lodged by P. W. 3 on 26-8-1994 wherein it was alleged that his daughter, aged about twelve years and six months, had gone away somewhere on 15-8-94 and had returned on 26-8-94 and on being asked, she had disclosed that she had gone to Dadma with the accused and there the accused had married her by applying vermillion on her fore-head. The case was initially registered under Section 363, I. P. C. and subsequently charge-sheet was submitted under Sections 363 and 376, I. P. C. ( 3 ) THE plea of the accused was one of denial. ( 4 ) THE trial Court on discussion of evidence on record came to hold that the age of the victim was less than 16 years and she had been taken away from the custody of her parents and subsequently subjected to sexual intercourse. On the aforesaid finding, the appellant was convicted under Sections. 363 and 376, I. P. C. and sentenced to undergo six months and seven years respectively. Both the sentence was directed to run concurrently. The trial Court also directed that the accused person should pay compensation of Rs. 2,000/- to the victim in two installments within six months, failing which he was to undergo further rigorous imprisonment for one year. ( 5 ) IN this appeal, it is contended that the materials on record indicates that the victim had gone away with the accused voluntarily. It is further contended that sexual intercourse, if any, was with the consent of the victim and as such the appellant should be exonerated. ( 6 ) THE victim has been examined as P. W. 12 she had stated her age to be 13 years at the time of deposition. Her father, P. W. 3, has stated that at the time of occurrence the age of her daughter was about 13 years. A certificate from the School Admission Registrar, produced on behalf of the prosecution also indicates that the age of the victim was 13 years. The evidence of P. Ws. 3 and 12 regarding the age of P. W. 12 has not been challenged in any manner in cross-examination. A certificate from the School Admission Registrar, produced on behalf of the prosecution also indicates that the age of the victim was 13 years. The evidence of P. Ws. 3 and 12 regarding the age of P. W. 12 has not been challenged in any manner in cross-examination. Though the Doctor on the basis of ossification test opined that the age of the victim was between 14 to 16 years, such opinion evidence cannot outweigh the consistent oral and documentary evidence regarding the age of the victim. Accordingly, I conclude that the age of the victim was 13 years at the time of occurrence. ( 7 ) P. W. 12 in her evidence has stated that the accused met her while she was returning from School and told her to come to Rourkela as her brother was at Rourkela and she went there with the accused by Bus. In the F. I. R. which was lodged by the father of the victim, it was stated that on query the victim had told her father that she had gone with the accused to Dadma. It is apparent from the statement of the victim as well as the F. I. R. that the victim had voluntarily gone and not forcibly taken by nor induced by the accused to go with him. In such state of evidence, it is difficult to sustain the conviction under Section 363, I. P. C. ( 8 ) IT is next contended that the materials on record do not establish that there was any forcible sexual intercourse. It is submitted that the F. I. R. discloses as if there was marriage between the victim and the accused. The question as to whether there was marriage between the victim and the accused and as to whether there was any sexual intercourse with consent or not recedes into background, in view of the evidence that the victim was aged 13 years, that is to say less than 15 years at the time of occurrence. The question as to whether there was marriage between the victim and the accused and as to whether there was any sexual intercourse with consent or not recedes into background, in view of the evidence that the victim was aged 13 years, that is to say less than 15 years at the time of occurrence. The statement of the victim that the accused had sexual intercourse with her is well proved and as such, keeping in view the age of the victim who was less than 15 years, it must be held that an offence punishable under Section 376, I. P. C. had been committed irrespective of the question whether the victim was married to the accused or not and irrespective of the question of consent. Accordingly, I uphold the conviction of the petitioner under Section 376, I. P. C. However, keeping in view the circumstances of the case, I reduce the period of imprisonment to four years rigorous imprisonment. The order of the trial Court regarding payment of compensation of Rs. 2,000/- to the victim by the accused is sustained. ( 9 ) SUBJECT to the aforesaid modification in sentence, the appeal is dismissed. Appeal dismissed.