STATE OF GUJARAT Vs. HITESHBHAI

JUDGEMENT

(1.) Heard Ms.C.M.Shah learned Additional Public Prosecutor. According to her submission, the finding recorded by the learned judge that since there is discrepancy in the age, non-performing the ossification test over the victim goes in favour of the accused discarding the evidence to hold that the prosecution failed to prove victim to be less than 18 years of age cannot be believed for the simple reason that the Principal in whose school victim was studying has produced admission card of Board Examination, which reflects the date of birth to be 4/11/2000. She has further submitted that, even if, the age stated to be 17 years before the doctor, who conducted her examination is to be believed certainly she is less then of 18 years. She has further submitted that the accused, who is aged about 47 years and married having major son kept the victim for a period of six months with him and committed the alleged offence, which is supported by the victim herself. Not only that the evidence of the victim is also supported by the other witness - Rakeshbhai Manubhai Bhatiya, who is known to the accused introducing the victim to be his daughter and he placed her at his home on an excuse that one boy may kidnap her from his house. Not only that, according to the submission of learned Additional Public Prosecutor, from the hard disk of the accused so many obscene video files retrieved by the FSL, which was recovered from the house of the accused. According to the deposition of the victim also, at the gunpoint, she was raped by the accused is supported by recovery of country made tamancha with six cartridges.

(2.) Considering the submissions, we deem it fit to grant leave to appeal. Hence, leave is granted. This application stands disposed of. ORDER IN R/CRIMINAL APPEAL NO. 748 of 2023. In view of the leave granted today, appeal is admitted. Bailable Warrant in the sum of Rs.25,000.00(Rupees Twenty Five Thousand Only) each be issued against the accused.