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2015 Supreme(Raj) 1135

SANDEEP MEHTA
Sharad Chandra @ Sarat Chandra – Appellant
Versus
State of Rajasthan – Respondent


Advocate Appeared:
For the Petitioner:M.R. Singhvi, Sr. Advocate a/w Ashwin Nayak and Bhavit Sharma, Advocates.
For the State : S.K. Vyas, G.A.
For the Complainant :P.C. Solanki, Advocate.
For the Respondent: Samir Singh, DCP (West) and Ms. Seema Hingoniya, ACP West, present in person.

JUDGMENT :

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



























































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