Heard Mr.S.A.Qureshi, learned advocate for the applicant and perused the papers annexed with this application.
It is submitted that the F.I.R. came to be filed by the respondent no.2 herein against the applicant regarding the offence punishable under Sections 363 and 366 of the Indian Penal Code alleging in the F.I.R. that the victim girl who happens to be daughter of respondent no.2 was aged about 15 years at the time of incident and it is stated that her date of birth is 15.06.1996.
Mr.Qureshi, learned advocate for the applicant drew my attention to Annexure-C-affidavit of Maluben herself, wherein on oath, she stated that her date of birth is 21.07.1992.
In the above view of the matter, it appears that the matter requires consideration and hence, RULE returnable on 10th April,2012. Interim relief in terms of Para-6(D) is granted.
Mr.K.P.Raval, learned Additional Public Prosecutor for the respondent no.1-State waives service of Rule for the respondent no.1-State.
(J.C.UPADHYAYA,J.) Girish Top