SIDHU SUKHDEV WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Advocate for the petitioner and learned A. P. P for the State. Rule. By consent, rule is made returnable forthwith.

(2.) THE petitioner is facing prosecution in Sessions Case No. 133 of 2001 which is pending before the IIIrd Ad hoc Additional District and Sessions judge, Sangli. The said case arose out of C. R. No. 82 of 2001 registered at jath Police Station. The said case is under sections 376, 363, 366 read with section 34 of I. P. C. The said case was registered upon the complaint of Bayakka pandurang Narute of Jath ie. mother of prosecutrix i. e. Sangita.

(3.) IN the said case, the charge was framed against the present petitioner under section 363 read with sections 34, 366 read with section 34 and section 376 of I. P. C. In the said case, the prosecutrix and some of the witnesses were examined. Thereafter, an application was preferred by the prosecution stating that Ms. Sangita Pandurang Narute (prosecutrix) was studying in ramrao Vidya Mandir High School, Jath. It is further stated in the application that the said school issued School Leaving Certificate and in the said certificate, date of birth of Ms. Sangita is shown as being born in the year 1988. In the said application, it was further stated that it is necessary to bring the evidence on record from the school. Hence, it was prayed by the prosecution in the said application that summons may be issued in the name of Head Master of Shri Ramrao Vidya Mandir High School, Jath to attend as a witness. The said application i. e. Exhibit 42 came to be allowed by the learned Judicial Magistrate by order dated 8th August, 2003. In the said order, it is observed as under :