SIDDU Vs. THE STATE

JUDGEMENT

(1.) The petitioner, who is arraigned as an accused in Special Case No. 4/2015 on the file of the Principal District and Sessions Judge, Bidar (hereinafter referred to as the 'Special Judge' for short), has approached this Court seeking quashing of the order dated 22.04.2015. The Learned Special Judge in the said case has passed an order under Sec. 34 of the POCSO Act, 2012 holding that the petitioner is aged more than 18 years as on the date of the alleged offence and therefore, he can be tried before the Special Court itself.

(2.) The records disclose that, earlier, the petitioner has approached this Court in Criminal Petition No. 200335/2015 calling in question the order dated 23.02.2015 passed by the Principal Sessions Judge, Bidar, refusing to transfer the Spl. Case No. 4/2015 to the Juvenile Justice Board for further proceedings.

(3.) Through -out the proceedings in the above said case, the petitioner has claimed that, he was a Juvenile in conflict with law as on the date of the alleged offence. The records also disclose that the Hulsoor Police, Basavakalyan Taluk, have laid a charge sheet against the petitioner/accused on the allegations that he has committed rape on a victim -girl aged six years. A serious allegation was made that it was a penetrative sexual assault against the victim -girl. Therefore, the police have laid the charge sheet under Sec. 376(f) & 506 of IPC and also under Section -6 of the POCSO Act, 2012.