[1] By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with C.R.No.I-293 of 2011 registered with Sabarmati Police Station.
[2] It is vehemently submitted by the learned advocate for the applicant accused that in this case there are two sets of evidence so far as age of victim is concerned. It is submitted that as per medical certificate, age of victim was more than 16 years. Therefore, it is submitted that the applicant may be enlarged on bail.
[3] Heard learned advocates for the respective parties. School leaving certificate of the victim which is authentic document is produced on record which shows that she is below 14 years. Statement of Principal is also recorded. Therefore, question does not arise to consider medical certificate as evidence. So far as Ossification test is concerned, it is solely on the basis of physical structure such as teeth, joints of bones like ulna and others. In the facts and circumstances of the case and considering school leaving certificate of the victim and statement of Principal, victim was below 14 years when the incident took place.
[4] In view of above, application stands rejected. Rule discharged.
[M.D.Shah, J.] satish Top