2007 Supreme(Raj) 1548
HARBANS LAL
Narsi Ram Meena – Appellant
Versus
State of Rajasthan – Respondent
For the Petitioner:Suresh Sahni and Ram Mohan Sharma, Advocates.
For the State-Respondents No. 1: S.N. Gupta, Public Prosecutor.
For the Respondents No. 3 and 4:Prahlad Sharma, Advocate.
For the Respondents No. 2, 5 and 6:V.R. Bajwa and Sudhir Jain, Advocates.
JUDGMENT :
1. These two petitions under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter called in short as Cr.P.C.) have been filed by the complainant-petitioner challenging the orders dated 2.2.2006 and 3.4.2006 respectively, passed by the learned A.D.J. (Fast Track) No. 1, Jaipur City, Jaipur in Sessions Case No. 9/2005.
2. Briefly stated, the relevant facts are that during the course of trial of the abovesaid sessions case, the prosecution filed an application on 12.9.2005 along-with the birth certificate of Kumari Jyotsana who was born on 5.2.1989 in Santokba Durlabhji Medical Hospital, Jaipur along-with her sister as twins stating that the birth certificate of Kumari Jyotsana could not be produced in evidence inadvertently which may be now taken on record, but after hearing the learned counsel for the parties, the said application was dismissed on 2.2.2006.
3. Thereafter, another application under Section 294/311 Cr.P.C. was filed on 3.4.2006 stating that the Investigating Officer has wilfully not seized the birth certificate of Kumari Jyotsana. As per the birth certificate, her age was 14 years, 1 month and 23 days on the date of occurrence. Section 59 o
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