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CR.MA/447/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 447 of 2010
=====================================================
SURESHBHAI
MANGABHAI MER - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance :
MR
MRUGEN K PUROHIT for Applicant(s) : 1,
MR DEVANG VYAS ADDITIONAL
PUBLIC PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 30/04/2010
ORAL
ORDER
Rule.
Mr. Devang Vyas, learned APP waives service of rule on behalf of the
State. Having regard to the facts and circumstances of the case, this
application is taken up for hearing today.
Heard
the learned advocate Mr. Purohit for the applicant and learned APP
Mr. Devang Vyas, for the respondent State at length and in great
detail. Considering the FIR at Annexure A to the application and
police papers which are produced for perusal, the birth date of the
victim is 6.11.1993 and the incident in question took place on
18.5.2009.
In
view of the aforesaid facts and circumstances, the victim was
approximately 15 years and five months old when the incident took
place. Considering the aforesaid aspect and provision of Section 375
of the Indian Penal Code, no interference is called for as the victim
is below 16 years.
For
the foregoing reason, there is no merits in the application and the
same stands dismissed. Rule is discharged.
(H.B.ANTANI,
J.)
ynvyas
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