SANDEEP MEHTA
Sharad Chandra @ Sarat Chandra – Appellant
Versus
State of Rajasthan – Respondent
Sandeep Mehta, J.
Heard learned counsel for the parties and perused the material available on record.
2. By way of the instant misc. petition, the accused petitioner Sharad Chandra @ Sarat Chandra has approached this Court being aggrieved of the order dated 9.9.2015 passed by the learned Sessions Judge, Jodhpur District, Jodhpur in Sessions Case No.152/2013 whereby, the application preferred on his behalf in the trial Court under Section 91 Cr.P.C. for summoning certain documents, was rejected.
3. The petitioner is facing trial in the Court of learned Sessions Judge, Jodhpur District, Jodhpur for the offences under Sections 342, 376(2)(f), 376D, 354A, 370(4), 506, 509/34, 109 and 120-B I.P.C., Sections 23 and 26 of the Juvenile Justice Act and Sections 5(f)(g)/6 and 7/8 of the POCSO Act. The trial is presently proceeding at the stage of cross examination of the last prosecution witness namely, the Investigating Officer PW 43 Smt. Chanchal Mishra.
4. There is a serious contest between the accused and the prosecution regarding the age of the victim. The prosecution has come out with a proposition before the trial Court that the victim was below 18 years of age on the date o
Abuzar Hossain alias Gulam Hossain v. State of West Bengal reported in (2012) 10 SCC 489;
Jitendra Singh alias Babboo Singh v. State of Uttar Pradesh reported in (2010) 13 SCC 523;
Babloo Pasi v. State of Jharkhand & Anr. reported in (2008) 13 SCC 133;
Madan Mohan Singh & Ors. v. Rajni Kant & Anr. reported in (2010) 9 SCC 209
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