VINOD KUMAR Vs. STATE OF C G

JUDGEMENT

(1.) Heard Shri G.S. Ahluwalia, counsel for the applicant and Shri Gautam Bhaduri, Govt. Advocate, for the State/non-applicant. This petition under Section 439 of the Code of Criminal Procedure has been filed by applicantVinod Kumar for grant of bail. He is the accused in Crime No. 13 of 2003 registered in Pamgarh Police Station for the offence punishable under Section 376 of the Indian Penal Code.

(2.) Name of the girl is Amrita Bai. The case of the prosecution is that the applicant committed rape on her.

(3.) Learned counsel appearing for the applicant submitted that Amrita Bai is the wife of the applicant. According to the ossification test, the girl was aged between 15 and 17 years. This shows that the girl was 17 years and with the consent of the girl, the applicant having sexual intercourse with the girl cannot be ruled out. Counsel submits that the applicant is in jail since 10/2/2003.