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Judgment
M.L. Singhal, J. (Oral).
According to the prosecutrix Sita Devi, she was abducted on 14.1.1996 by the petitioner who took her to several places and committed rape on her. Her father reported the matter to the police on 19.1.1996 on the basis of which case FIR No. 47 dated 19.1.1996 was registered.
It has been submitted by the learned counsel for the petitioner that the prosecutrix Sita Devi is major and she was born on 7.1.1976 and there is affidavit of her father to the effect that she was born on 7.1.1978. According to the age given by the father of the prosecutrix in the FIR, she was 16 years of age.
It has been submitted by the learned counsel for the State of Haryana that the prosecutrix was born on 7.1.1980. In support of his submission, reliance has been placed on the statement of the Principal of the Government Higher Secondary School, Hissar, of which the prosecutrix was a student. The Principal of that school gave the age of the prosecutrix on the basis of the entry in the school record. No birth entry has been produced by the prosecution during investigation. According to the ossification test performed on her, her age ranges between 16161/2171/2 years. The Radiologist has opined that she is around 18 years. In the medicolegal report, her age is recorded as 18 years.
It is debatable whether the prosecutrix was 18 years or less than 18 years of age as on 14.1.1996. It is also debatable whether she was abducted or she went willingly with the petitioner for amorous affairs.
Keeping all these facts and circumstances in view, it is ordered that the petitioner be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate, Hissar.
JUDGMENTed accordingly.