SHAITAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the counsel for the accused-appellant and the learned Public Prosecutor.

(2.) MR . Eliyas Ali, appearing for the accused-appellant has submitted that without any primary evidence such as a birth certificate with regard to the age of the prosecutrix, the prosecutrix has been taken to be a minor by the learned trial court of less than 16 years of age. He submits that in the absence of any primary evidence of probative worth with regard to the age of the prosecutrix, it was incumbent for the investigation to have been got conducted the requisite medical tests such as an ossification test, dental examination and physical examination of prosecutrix to determine or assess her age. This was not done. Hence the central question of the age of the prosecutrix was not lawfully addressed. Counsel points out that in her statement under Section 164 Cr.P.C., the prosecutrix admitted of having consensual sex with the accused-appellant.

(3.) MR . Peeyush Kumar, the learned Public Prosecutor, has opposed the bail application.