RAJEEB Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition has been filed by the sole accused in SC No.6/2017 on the file of the Special Judge, Fast Track, Perinthalmanna (Manjeri Sessions Division), challenging an order dated 03.03.2021 in Crl.M.P.No.33/2021 in that case. Crl.M.P.No.33/2021 was an application filed by the Special Public Prosecutor under Section 311 of the Code of Criminal Procedure ('the Code') praying that the Court may be pleased to summon and examine the Municipal Secretary of Perinthalmanna Municipality for proving the contents of a birth certificate, to prove the age of a victim in the trial of a case, registered under the provisions of Section 376 of the Indian Penal Code and the applicable provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

(2.) The Learned Sessions Judge considered the application and the objections raised by the learned Counsel for the accused and found that, in the absence of any specific provision in the POCSO Act and the Rules framed thereunder for determination of the age of victims of sexual offences, it is settled law that the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000, (the 'Juvenile Justice Act')are applicable. The learned Judge relied on Jarnail Singh v. State of Haryana; 2013 7 SCC 263, Abhilash v. State of Kerala; 2019 3 KHC 1002 and Maju@Manu v. State of Kerala; 2020 3 KerLJ 43, to reach that conclusion. The learned Judge thereafter held that going by the The Kerala Juvenile Justice (Care And Protection Of Children) Rules, 2014 framed under the Juvenile Justice Act, the first preference is to be given to a birth certificate issued by the local authority to prove the age of a child in conflict with the law. In other words, learned Judge concluded that since the provisions of the Juvenile Justice Act and the Rules framed thereunder would apply to determine the age of a victim under the POCSO Act, it would be essential for a just decision in the case to summon and examine the Municipal Secretary of the Municipality concerned to prove the age of the victim in terms of the birth certificate issued to the victim by the competent officer of that Municipality. This order is under challenge before me.

(3.) I have heard the learned Counsel for the petitioner and learned Public Prosecutor.