SHANKER LAL Vs. STATE

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. against the impugned order dated 04.09.2018 passed by learned Special Judge, Special Court, Prevention of Children from Sexual Offence Act, 2012 and Children Rights Protection Commission Act, 2005 No.2, Udaipur in Special Sessions Case NO.236/2018 titled as State of Rajasthan Vs. Shanker and Ors. whereby the learned trial court has declined to summon the documents pertaining to admission of the prosecutrix from the concerned government school and accordingly, rejected the application under Section 91 of the Cr.P.C. filed by the petitioner.

(2.) The trial for the offences under Sections 363, 376 and 120- B IPC read with Section 3/4 and 17 of the POCSO Act is going on against the petitioner.

(3.) The limited question to be adjudicated by this Court in the present case is that the accused - petitioner moved an application under Section 91 Cr.P.C. seeking to take on record the document pertaining the date of birth of the prosecutrix at the time of her initial admission in the school in which her date of birth was mentioned as 15.07.1997, and thus, she would have been 18 years of age at the time of the alleged incident.