Mukhtiyar Singh vs State
2022 Latest Caselaw 379 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Criminal Appeal No. 1101/2021

Mukhtiyar Singh

----Appellant Versus State

----Respondent

For Appellant(s) : Mr. S.S. Sisodia through VC For Respondent(s) : Mr. S.S. Rajpurohit, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

06/01/2022

In wake of onslaught of COVID-19, as per guidelines,

lawyers have been advised to refrain from coming to the Courts,

therefore, hearing of the matter is being taken up only through

video conferencing.

Heard learned counsel for the appellant and learned Public

Prosecutor.

Learned counsel for the appellant stated that as per the

statement of prosecutrix 'M' recorded on 08.09.1998 under

Section 164 Cr.P.C., she was 17 years and 8 months old but as per

the medical examination, prosecutrix was found to be above 18

years of age. He also stated that the alleged incident occurred in

the year 1998.

Learned Public Prosecutor opposed the bail application and

stated that as per latest report available at page no.3, at the time

of incident dated 23.07.1998, prosecutrix 'M' was the student of

class 10th.

(2 of 2) [CRLAS-1101/2021]

In view of the above, it is impossible that there is no

documentary evidence regarding the date of birth of prosecutrix is

found and therefore, medical report in regard to the age of the

prosecutrix cannot be looked into as already decided by Hon'ble

the Apex Court in the catena of judgments.

In view of the above, learned Public Prosecutor is directed to

call for the concerned Investigating Officer/ SHO of the Police

Station Diver, District Rajsamand on the next date of hearing,

along with C.O. diary and particular documents collected during

investigation in regard to date of birth of the prosecutrix 'M'.

Put up on 18.01.2022.

(DEVENDRA KACHHAWAHA),J

122-Arvind/-

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