ABHAY SINGH THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this revision petition filed by the applicant Abhay Singh Thakur under Sec. 397 read with 401 of Cr.P.C. is to the order dtd. 18/11/2021 passed by the Special Judge (Protection of Children from Sexual Offences) Act, 2012 (for short 'POCSO Act'), Bilaspur, C.G. in Special Criminal Case (POCSO) No. 118/2021, rejecting his application under Sec. 9(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'Juvenile Justice Act').

(2.) Challenge in this revision petition filed by the applicant Ajay Singh Thakur under Sec. 397 read with 401 of Cr.P.C. is to the order dtd. 22/10/2021 passed by the Special Judge (Protection of Children from Sexual Offences) Act, 2012, Bilaspur, C.G. in Special Criminal Case (POCSO) No. 118/2021, framing charges against him under Ss. 294, 325, 506-Part II and 427 of Indian Penal Code and Sec. 21 of the POCSO Act.

(3.) Case of the prosecution, in brief, is that the prosecutrix lodged a written report at Police Station Sirgitti, District Bilaspur, C.G. on 9/8/2021 alleging therein that on 5/10/2015 when she was minor, the applicant Abhay Singh Thakur subjected her to forcible sexual intercourse and thereafter continued to have such relations with her on the pretext of marriage. At the time of incident, the prosecutrix and the applicant Abhay Singh Thakur were minor, below the age of 18 years but during the continuation of this offence and prior to lodging of the FIR, applicant Abhay Singh Thakur became major whereas the prosecutrix was minor at that time and further, during continuation of this offence, both of them became major.