ABC Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since the petitioner is minor, in order to protect his identity, he is addressed as "ABC". Registry is also directed to remove his name from its computer records by replacing his name as "ABC". By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioner has prayed for quashing and setting aside FIR being C.R.No.I 8 of 2010 registered with Rajkot Mahila Police Station for the offences punishable under Ss. 376, 354, 504, 114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.

(2.) Heard learned advocates appearing for the respective parties.

(3.) Learned advocate for the petitioner would submit that the petitioner is not understanding correctness of the FIR in question. He would further submit that even if the FIR in question is taken as gospel truth, the petitioner was aged 10 and 1/2 years at the time of alleged incident. He would further submit that the birth date of the petitioner is 26/12/1999 as per birth certificate. He would further submit that the incident alleged to have taken place between 10/5/2010 and 23/5/2010 and therefore, the petitioner cannot be more than 11 years at the time of alleged incident. He would refer to Sec. 83 of the IPC as well as judgment in case of Hiralal Mallick Vs. State of Bihar, (1977) 4 SCC 44 to submit that if the accused is less than 12 years, he cannot be treated as accused inter alia on the ground of his lack of majority. He would further submit that there is no forensic intervention carried out to establish that he was major to understand the offence and in that circumstances, he would submit that prosecution against the petitioner may not be continued.