XYZ Vs. ABHISHEIK

JUDGEMENT

(1.) Leave granted.

(2.) The appeals arise from the judgments of a Single Judge of the High Court of Madhya Pradesh dtd. 22/8/2016 in Criminal Revision No 278 of 2016 and Misc Criminal Case No 5495 of 2016. The High Court, while allowing a revision against the decision of the 4th Additional Sessions Judge, Satna dtd. 21/12/2015 came to the conclusion that the first respondent was a juvenile on the date of the incident. We hold, for the reasons to follow, that the High Court has erred in its findings and that the plea of juvenility of the first respondent is based on fabricated documents.

(3.) On 24/7/2015, FIR No. 433/2015 was registered on the basis of information provided by the appellant at PS City Kotwali, Satna for the commission of offences punishable under Sec. 363, 366A, 376, 506, and 120B of the Indian Penal Code 1860("IPC") and Sec. 3 and 4 of the Protection of Children from Sexual Offences Act 2012("POCSO Act"). The appellant, who was a minor at the time of commission of the offence, alleged that she had been subjected to gang rape by the first respondent and other persons. The alleged offence is stated to have taken place about three to four months prior to the registration of the FIR on 24/7/2015. During the course of the investigation, the first respondent was arrested along with other accused alleged to be involved in the commission of the offences.