IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-20721 of 2008 Date of decision : 30.9.2008 Habib .....Petitioner Versus State of Haryana ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Hardial Singh Baath, Advocate for the petitioner. Mr. S.S.Mor, Senior Deputy Advocate General, Haryana **** S. D. ANAND, J. The prosecution allegation is that the petitioner-applicant(and his non-applicant co-accused) ravished the fourteen years old prosecutrix, in an act of gang rape. Learned counsel for the petitioner argues that the prosecution have not collected any precise evidence of the age of the prosecutrix. Qua medical evidence, it is argued that it could vary on either side by two years. IN that view of things, the argument proceeds, the prosecutrix could safely be taken to be aged 16 years. As per the evidence collected by the Investigating Agency, the prosecutrix is aged 14 years. The controversy about her exact age would be adjudicated upon only at the trial after the parties have had an opportunity of adducing substantive evidence. In the circumstances of the case, I find it is not a fit case in which petitioner should be released on bail. Dismissed. September 30, 2008 (S. D. ANAND) Pka JUDGE