BHUPESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This revision application has been filed by the applicant under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973, wherein, the applicant has challenged the impugned order below Exh.6 passed by the learned 5th Additional Sessions Judge, Ahmedabad (Rural) at Viramgam in Special Case (POCSO) No. 10 of 2022 on 14/8/2023.

(2.) The brief facts that emerge from the record of the case are as under:

(3.) Being aggrieved and dissatisfied with the said order, the applicant has preferred the present revision application mainly stating that as per the case of the complainant, who was known to the applicant, the victim, who is the niece of the complainant, went out from the home at around 5:30pm on 10/9/2022 and did not return back till 7:30pm. That the complainant went in search of her and when he went near a bridge, which was under construction near his home at village Bhojva, he saw that his niece was shouting "save me, save me" and as he rushed to her, he saw the applicant committing rape on his niece. He caught hold of the applicant and pulled him off from his niece. The victim's jeans pant was lying nearby and the victim was crying and told him that the applicant had forcefully committed a rape on her. That the complainant and others took the victim to Viramgam Hospital and the police was called and a complaint was registered. The main contention of the applicant is with regard to the age of the victim and it is stated that the Aadhar Card of the victim suggests the date of birth of the victim is 10/5/2008 and as per the statement of the victim, her date of birth is 2/10/2008. That the Ossification Test and certificate issued by the Radiologist suggest that the victim is about 18 to 20 years old and hence, the applicant cannot be charged for the offence punishable under the POCSO Act as the victim was a major at the time of incident and therefore, the impugned order passed by the learned 5th Additional Sessions Judge, Ahmedabad (Rural) at Viramgam rejecting the application below Exh.6 made by the applicant may be quashed and set aside.