Patna High CourtCR. MISC./47064/2018dismissed

Dr. Ram Vinod Jha v. The Central Govt. Of India Through Its Legal And Judicial Secretary, At New Delhi And ORS

2019-01-07Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47064 of 2018 Arising Out of PS. Case No.-213 Year-2013 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Dr. Ram Vinod Jha, S/o Late Sadanand Jha, R/o village+P.O.-Tilak Tajpur, P.S-Runni Saidpur, District-Sitamarhi, Pin Code-843316, Mob.9801792596. . ... Petitioner/s

Versus

The Central Govt. Of India Through Its Legal And Judicial Secretary, At New Delhi & Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Ram Vinod Jha For the Opposite Party/s :

Mr.Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 07-01-2019 Heard the petitioner as well as learned Additional Public Prosecutor.

Though, no statement under Section 164 Cr.P.C. of the victim has been attached with the instant petition but, during course of argument the petitioner himself disclosed that the victim had stated before the Magistrate to the effect that after having been carried by her Mama to the place of the petitioner where she stayed, petitioner had developed physical intimacy with her.

Petitioner has submitted that from the medical evidence her age has been estimated as 20 years. The medical evidence also did not suggest the factum of penetration and that being so, addition of charge is non-permissible in the eye of law. The learned Additional P.P. opposed the prayer.

Patna High Court Cr.Misc. No.47064 of 2018(5) dt.07-01-2019 2/2 For the present, the age of the victim as disclosed under matriculation certificate being 20.01.1997 is to be considered and further, acknowledging the status of the victim to be minor did justify addition of charge under 4 of the POCSO Act and that being so, instant petition suffers from inherent deficiency whereupon, is dismissed.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T