PANKAJ KUMAR MINOR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS application has been filed by the applicant before this Court invoking the inherent and extraordinary jurisdiction of this Court under Section 482 Cr.P.C. The applicant is a minor, who has been accused in the First Information Report, which was subsequently registered as Criminal Case No. 6 of 2014, under Sections 354, 376(2)(i) and 506 of I.P.C. and Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (from hereinafter referred to as "POCSO") pending before the Principal Magistrate, Juvenile Justice Board, Almora.

(2.) APART from the applicant there is another coaccused, namely, Jeevan Chandra in the present case. Since the applicant was a minor his trial has been separated, and trial is going on before the Juvenile Justice Board, Almora. This Court has been informed that the coaccused has already been acquitted in the said case. In the present case, the evidence of prosecution has already been closed on 10.03.2015 and the statement of the accused under Section 313 of Cr.P.C. has also been recorded on 13.03.2015, 20.03.2015 and 06.04.2015. Thereafter, an application, under Section 311 of Cr.P.C., has been moved by the applicant for re -examining the prosecutrix Km. Basanti, who was earlier examined as P.W.3. This application has been rejected by the Principal Magistrate, Juvenile Justice Board vide order dated 18.04.2015. Aggrieved by the said order the applicant preferred revision before the learned Sessions Judge, Almora, which was also dismissed vide order dated 08.05.2015. Hence the present application under Section 482 of Cr.P.C. before this Court.

(3.) HEARD Mr. Vinod Sharma, learned counsel for the applicant, Mr. K.S. Rautela, learned G.A. for the State and perused the record.