GITIKA SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The State of Chhattisgarh through the Station House Officer, Kota filed charge sheet against the respondent No. 3 for the commission of offence under Section 376 IPC read with Sections 3 & 6 of the Protection of Children from sexual Offences Act, 2012 before the Court of Additional Sessions Judge (FTC), Bilaspur.

(2.) In the said Court, the respondent No.3/accused filed an application to this effect that on the date of alleged offences i.e. 26.07.2003, respondent No.3/accused was juvenile as his actual date of birth is 30.12,1995, which is less than 18 years of age and, therefore, he be sent to the observation home whereas case of the prosecution is that on the basis of High School Certificate Examination, 2011, date of birth of respondent No. 3/accused is 25.5.1995, as such, he was major on the date of occurrence of crime i.e. aged about 18 years and' 2 months and was not a juvenile.

(3.) Learned Sessions Judge made an enquiry in order to determine the juvenility of the respondent No. 3/accused..