AJAY YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Section 482 of Cr. P. C. is directed against the impugned order dated 06/12/2019 passed by learned Special Judge under the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred as "POCSO Act, 2012") whereby learned Special Judge has rejected the application filed by the petitioner/accused and declined to hold him juvenile on the relevant date.

(2.) Petitioner herein was arrested by the Police Station, Bhatapara on 05. 11. 2019 for offence punishable under Sections 363 , 366 , 376 of IPC and Section 6 of POCSO Act, 2012 and he was charge-­ sheeted accordingly. During the course of the trial, petitioner filed an application that on the relevant date, he was juvenile and therefore, he be tried by Juvenile Justice Board in accordance with law, and he relied upon his mark-­sheet of Class-­III, a copy of school leaving certificate as well as Aadhar Card in which his date of birth is recorded as 15. 12. 2000. The application was replied by the State Government holding that as per Dakhil Khariz register of school, petitioner's date of birth is 10. 10. 2000, as such, the application deserves to be rejected as he was not juvenile on the relevant date.

(3.) Learned Special Judge, by its order dated 06/12/2019, rejected the application holding that petitioner's date of birth is 10/10/2000 as per Dakhil Khariz register and he was not juvenile on the relevant date. Questioning the order impugned, this petition has been preferred by the petitioner.