DEUL KHAROLE Vs. STATE OF M.P.

JUDGEMENT

(1.) Learned counsel for the appellant prays for withdrawal of I.A. No.7298/2025, which is first application for suspension of sentence and grant of bail to the appellant.

(2.) It is submitted that present is a case of consent as can be seen from the statement of victim (PW-1). She was adult which is evident from the x-ray report available on record dtd. 28/06/2021 which prosecution has not deemed proper to exhibit before the trial Court, thus, it appears to be going against the prosecution and reflects towards the intellectual dishonesty of the prosecution in not exhibiting the documents which favour the accused. It is also submitted that even trial Court committed a grave error in overlooking the x-ray in which the Radiologist of District Hospital, Balaghat has mentioned that O.C. of illiac crest has fused. O.C. of lower ends of radius and ulna fused. O.C. of head of radius and O.C. of olecranon proceeds of ulna fused, so her age approximately 17 years.

(3.) It is further submitted that as per the Textbook of Medical Jurisprudence and Toxicology, 24th Edition 2011 by Lexis Nexis Butterworths Wadhwa, Nagpur by Modi, it is mentioned that in such cases there can be error of upto two years.