S.B. Cr. Misc. Petition No.2170/2009 Smt. Kanka Bai VS. State and Ors. Dated : 03.03.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Sanjay Sharma, for the petitioner. Mr. GS Fauzdar, Public Prosecutor for the State. Mr. Deshraj Kalwania, for respondent No.2 & 3. *** This order governs the disposal of criminal misc. petition filed under Section 482 of Cr.P.C. whereby the petitioner has prayed to quash the order dated 31st August, 2009 rendered by Additional Chief Judicial Magistrate Nainwa, District Bundi. Having considered the submissions made at the bar and carefully perused the relevant material on record, it is found that the only question springing for consideration is as to whether the prosecutrix-petitioner Smt. Kanka Bai was minor or major at the time of commission of the offence. It is noticed that on the basis of ossification test conducted by the medical jurist, the petitioner was found to be in between 17-18 years of age. The learned trial court, keeping in view the age of the petitioner, directed to keep her in Nari Niketan situated at Kota. Learned counsel for the petitioner has canvassed that she is above the age of 18 years and the order was passed on 31st August, 2009, about six months' back. Even if it is taken to be true that at the time of commission of the offence, she was of the age of 17 years then reckoning the age from that relevant date, she is found to have attained the age of 18 years, hence, the petitioner may be handed over to her husband with whom she has expressed her desire to live. It is relevant to record that so far as the determination of the age of the petitioner is concerned, the age determined by the medical jurist on the basis of ossification test may be one and half years less or more than the estimated age, as per the Modi's Medical Jurisprudence. From no stretch of imagination, it can be said that the prosecutrix was above the age of 18 years at the time of commission of the offence as no evidence with regard to her age has been produced by the petitioner. There is nothing on record to substantiate the fact that the petitioner was above the age of 18 years on the date of occurrence. Hence, the order dated 31st August, 2009 rendered by the Additional Chief Judicial Magistrate, Nainwa, District Bundi is found to be perfectly just, based on cogent reasonings and the same warrants no intervention. For the reasons stated above, the criminal misc. petition being bereft any substance or merits, stands dismissed. (MAHESH BHAGWATI)J. pcg