KAMAL @ LALLU Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Vide the instant petitioner, the petitioner has sought to direct I.O./S.H.O. of PS Uttam Nagar to obtain report on bonney age of prosecutrix or of report of Dental Surgeon, while challenging the order passed by learned Metropolitan Magistrate and learned Additional Sessions Judge vide orders dated 19.12.2011 and 08.02.2012 respectively. Learned counsel for petitioner submits that against the petitioner, a case was registered on 17.09.2011 vide FIR No.413/2011 for the offences punishable under Sections 376/342/506 Indian Penal Code, 1860 at police station Uttam Nagar, New Delhi for the incident allegedly took place on 15.09.2011.

(2.) Thereafter, on 14.12.2011 petitioner/accused moved an application before learned Metropolitan Magistrate, Delhi for getting the ossification test done on the prosecutrix, because of the fact that the date of birth recorded as 01.04.1998 in the school certificate, and that too on being affidavit filed on 05.07.2004.

(3.) Learned counsel for petitioner submits that there is no actual record of the prosecutrix of her age, therefore, in these circumstances, her age has to be ascertained for proper justice in the instant case.