WILLIAM RAJKUMAR CHAUDHARY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the Applicant.

(2.) This is an application for bail fled by the Applicant in respect of an ofence punishable under Sections 376(2)(n), (1) and 506(II) of Indian Penal Code registered as C.R. No.230 of 2019 of the Santacruz Police Station.

(3.) The FIR is registered by the mother of the victim. The FIR is dated 20.05.2019. The date of the incident is 18.05.2019. The victim 's biological age though is 33 years but her mental age as assessed by the medical expert is 6 years. On record there is a certifcate issued by the Professor and Head of the Department of Psychiatry, Sion Hospital, Mumbai that the victim is sufering from major depressive disorder with moderate intellectual disability (I.Q. by KBI-35-40). On record there is also a note indicating the method of calculating the mental age. Applying the formula stated in the said certifcate, the mental age as determined by Dr. Nilesh Shah, Professor and Head of the Psychiatry Department is indicated as 5.6 to 6.4 years.