ALBERT WILSON DE JOAO Vs. STATE

JUDGEMENT

(1.) HEARD Mr. Teles, learned counsel for the petitioner and Mr. Joshi, learned Special Public Prosecutor for the respondents. By this revision application, the appellant who is the accused before the Children's Court in Special Case no.46 of 2010 challenges the order dated 22/11/2010 by which the Children's Court has ordered framing of the charge against the petitioner for the offence punishable under Section 328 and 376 of I.P.C.

(2.) MR . Teles on behalf of the petitioner assailed the order primarily on the following grounds:

(3.) HAVING heard the learned counsel for the petitioner and the learned Special Public Prosecutor for the respondents, I am of the considered opinion that no interference is warranted with the impugned order. Admittedly, offence punishable under Section 328 is triable by the Children's Court. This being the position, the mere fact that the prosecutrix was 17 years of age at the time of commission of the offence would not prevent the Children's Court from trying the said offence of rape along with offence punishable under Section 328 of I.P.C.