BHAVNABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. The formal service of notice of RULE is waived by Ms.C.M. Shah, learned Additional Public Prosecutor for respondent-State and Mr.M.M. Tirmizi, learned advocate, for respondent No.2-original accused No.1.

(2.) BY way of present application, the applicant- original complainant has prayed for quashing and setting aside the order dated 15th February 2011 passed by the Additional Sessions Judge, Presiding Officer, 5th Fast Track Court, Gondal Camp at Jetpur, whereby the trial Court has granted regular bail to the respondent No.2-accused as well as directing the Investigating Agency to take the respondent-accused in custody immediately.

(3.) MS.Kruti Shah, learned advocate appearing for the applicant-complainant submitted that looking to the birth certificate of the applicant-victim which is obtained from the Ahmedabad Municipal Corporation produced on record vide Annexure-B, whereby the age of the victim is clearly shown as less than 16 years on the date of offence and that the learned Judge has failed to appreciate that the applicant-victim belongs to scheduled caste and the accused belong to affluent class.