GULKAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Section 482, Cr. P. C. 1973, praying that the criminal proceedings initiated against the petitioner by the learned Munsiff and Judicial Magistrate, Shri Madhopur, be quashed.

(2.) BRIEF facts of the case which are relevant for the disposal of the present petition are that the petitioner is an old man of 73 years as per the medical examination and the certificate issued by Dr. K. G. Pareek, Medical Officer, Primary Health Centre, Mundre, district Sikar. The Medical Officer has further opined that he is a patient of palpitation and cardiac asthama and suffering from general debility. He has further opined that the accused-petitioner Gulkand is incapable of performing sexual intercourse.