MINOR ANBU Vs. STATE AND ORS

JUDGEMENT

(1.) This revision is filed against the order passed by the learned Judicial Magistrate No.3, Madurai Cum learned Principal Magistrate, Juvenile Justice Board, Madurai, in Cr.M.P.No.243 of 2008 in J.C.No.165 of 2006 refusing to discharge the petitioner/ accused from the charges. The petitioner/accused was charged for the offence punishable under Section 376(2)(F) of IPC. After completion of investigation, the Inspector of Police, D2 Sellur Police Station, filed a charge sheet against the petitioner/juvenile accused. Aggrieved by the said charges, the revision petitioner filed a petition for discharge on the file of the above said court and the same was dismissed by order dated 04.09.2013. Aggrieved by the same, the present revision has been filed.

(2.) Mr.N.Anandapadmanabhan,learned counsel appearing for the petitioner would submit that FIR was recorded as narrated by the father of the victim girl, who is neither a witness nor a person to whom the victim directly confided.

(3.) It is submitted that the victim was enquired by the mother-in-law of the informant to whom she alleged to have made a statement who in turn informed the same to the mother of the victim and she explained this to the informant/defacto complainant/the father of the victim. Therefore, the learned counsel appearing for the petitioner would submit that it is not safe to rely upon such statement to put the accused on trial.