GUNJA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for the first informant and learned A.G.A. for the State.

(2.) The instant writ petition seeks quashing of the FIR dtd. 14/11/2022 giving rise to Case Crime No.0486 of 2023, under Sec. 363 I.P.C., Police Station- Phoolpur, District- Varanasi.

(3.) It transpires from the record that this petition came up for admission on 10/8/2023, when an order was passed for production of the alleged victim before the CMO, Varanasi for determination of her age on the basis of ossification test. The statements under Sec. 161 and 164 Cr.P.C. were also directed to be recorded. This was so ordered as it was submitted that the victim is illiterate and never received education from any institution and therefore there is no documentary proof regarding her age. The ossification test report as also the statements recorded under Sec. 161 and 164 Cr.P.C. are available on record in sealed condition. A counter affidavit has been filed on behalf of the first informant annexing thereto, a certificate of the Headmaster of Primary School, Katrao, Block Badagaon, District Varanasi, which states that the victim obtained education from Class 1 to Class 5th in the said Institution and in the records maintained her date of birth is recorded as 15/11/2006. Her Class 8th Mark-sheet issued from Shri Suraj Prasad Intermediate College, Varanasi has also been annexed. In this mark-sheet also her Date of Birth is recorded as 15/11/2006. The issue involved in this writ petition is primarily as to whether the victim is minor or not. With regard to the above, the Juvenile Justice (Care and Protection of Children) Act, 2015 comes into play and Sec. 94 of the said Act is being extracted below:-