DHANANJAY NAGWANSHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal revision is directed against the order dtd. 5/7/2022 passed by the Additional Sessions Judge, F.T.C. (POCSO), Ambikapur, District-Surguja in Special Criminal Case No.32/2021 in between State of Chhattisgarh v. Dhananjay Nagwanshi, whereby the learned Special Judge has rejected the application filed by the applicant for ossification test of the victim for her correct age determination.

(2.) The prosecution case, in brief, is that the present applicant abducted minor victim and thereafter sexually exploited to her.

(3.) Mr.J.A.Lohani, learned counsel for the applicant, would submit that the prosecutrix / victim is not minor and victim and present applicant both were married and also living as husband and wife. There is material omission and contradiction in date of birth of the prosecutrix recorded in the prosecution evidence. He would further submit that the applicant has moved an application for her ossification test, which was wrongly dismissed by the learned Special Judge and as such, the impugned order deserves to be set aside.