IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 41/2009 ( Ramdas Sabulal Jamunkar .vs. State of Mah. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : S.R.DONGAONKAR, J. DATE : 28 th APRIL, 2009 Heard Shri Dhok, Advocate, for the applicant and Shri Thakare, APP, for respondent State. The applicant is being tried for the offence punishable under Section 363. 366, 376, r/w Section 506 of the I.P.C. It is stated that the matter is ready for trial. Only charge is to be framed. Learned counsel for the applicant has relied on the medical evidence pertaining to the applicant, so also the medical evidence pertaining to the prosecutrix. The age of the prosecutrix is stated to be 14 years on the basis of the school record. Learned counsel for the applicant has submitted that there is no ossification test report for confirming the age of the prosecutrix. May be that ossification test report is not on record, fact remains that there is school record on record to show that the age of the prosecutrix is about 14 years, which is less than 16 years. In these circumstances, the consent theory cannot be considered at all. As regards the medical evidence, it is difficult to say that the medical evidence in respect of the prosecutrix is negative, making the prosecution case suspicious. There is some delay in lodging report. However, that aspect can be considered by the trial Court at the time of trial. In the circumstances of the case, as the trial can be held in near future, this application is rejected. The learned trial Judge is directed to dispose of the matter as expeditiously as possible in any case within four months from today, on merits. Inform him accordingly. Liberty to the applicant to move for bail, if the trial is not completed within a period of four months from today. Application disposed of. JUDGE Rvjalit