1 criap-3828.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3828 OF 2011 The State of Maharashtra through Public Prosecutor, High Court, Bench at Aurangabad. applicant/complainant vs Gajanan s/o Ramlal Singal age 28 years, r/o Wadod Tanda, Tq. Bhokardan, District Jalna respondent/accused ---- Smt. S.D. Shelke, A.P.P. for the applicant-State. Coram: A. H. Joshi and A.R. Joshi, JJ. Date : 05.10.2011. P. C. 01. This is an application by the State, seeking leave to file appeal. 02. Heard learned A. P. P. 03. The respondent-accused was tried for the offences punishable under Sections 452, 342, 376 and 306 of I.P.C, and under Section 3(1) (xi), 3(1) (xii) and 3(2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, by the learned Judge, Special Court, and Additional Sessions Judge-II, Jalna, in Special Case|Atro|No.25/2010. 2 criap-3828.11 03. The accused was acquitted of the charges with which he was charged. 04. Perused the judgment. Crux of the matter is the age of the prosecutrix. The prosecution case is based on plea of rape on a minor girl, and her suicide due to agony. The evidence brought by the prosecution on the point of age of the prosecutrix is contrary to the charge. 05. According to the prosecution, age of the prosecutrix was 16 years. Her being below 16 years of age, could have been proved by evidence in the form of birth record, ossification certificate and medical evidence. 06. On the other hand, PW-4 Dr. Anil Waghmare has admitted that on account of arrival of third wisdom molar, the age of such person can be between 18 to 25 years and if second molar arrives, then the age of such person could be between 15 to 17 years. 07. Even the evidence of prosecution is oscillating from instigation to suicide-S. 506 of IPC to murder. 08. In this background, as the age of the victim is proved to be above 18 years, entire prosecution story looses the support. 3 criap-3828.11 09. The conclusions arrived at by the learned Sessions Judge are seen to be well founded. 10. The appeal has no merits. Hence, leave refused. Appeal dismissed. (A. R. JOSHI, J.) (A.H. JOSHI, J.) /authentic copy/ (P.N. Deshpande) Private Secretary to Hon'ble Shri Justice A.H.Joshi pnd/criap-3828.11