GANGARAJU @ RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner- applicant challenging the order passed by the Child Friendly Court, Bengaluru Urban District in Spl.C.C.No.161/2015 dated 18.9.2019, whereunder the application filed under Section 7(2) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as "JJ Act"? for short) came to be dismissed.

(2.) The case of the prosecution in brief is that the mother of the victim filed a missing complaint alleging that the accused has eloped with his minor daughter. On the basis of the said complaint, investigation was conducted and accused and victim were found at Andhra Pradesh. They have been brought back and after recording the statement of the victim and after completion of investigation, charge sheet has been filed for the offence punishable under Sections 366 and 376 of IPC and also under Section 4 of the POCSO Act, 2012. Thereafter, accused filed an application under Section 7(2) of the Act contending that he was aged about 15 years 9 months 19 days as on the date of the alleged incident. He has also produced xerox copy of the transfer certificate issued by Z.P. Boys High School, Gorantla, Andhra Pradesh wherein the date of birth of the accused-petitioner is mentioned as 4.3.1999 and it is submitted that in view of the said document, accused is a juvenile, as such, the case may be transferred to Juvenile Justice Board. The learned Public Prosecutor did not file any objection to the said application. After hearing the parties to the proceedings, the learned Sessions Judge dismissed the application. Challenging the legality and correctness of the said order, the accused-petitioner is before this Court.

(3.) It is the contention of the learned counsel for the petitioner-accused that along with the application filed under Section 7(2) of the JJ Act, xerox copy of the transfer certificate issued by Z.P.Boys High School, Gorantla, Andhra Pradesh has been produced to substantiate the contention of the petitioner that his date of birth is 4.3.1999 and as on the date of the alleged incident he was less than 16 years, which came to be dismissed. Further, petitioner filed one more application before the same Court by producing all the original records, seeking to pass appropriate orders by following the procedure as contemplated under Section 7A of the Act and thereafter, to transfer the case to Juvenile Justice Board for the purpose of trial. But the Court, by order dated 31.10.2019, rejected the said application holding that it cannot review its own order. Hence, petitioner has prayed to allow the application and to set aside the impugned order.