SMTI. BESILDA WARJRI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. M.F. Qureshi, learned counsel for the petitioner as well as Mr. N.M. Mansuri, learned counsel for the respondents.

(2.) The petitioner's case in a nutshell is that:

(3.) The learned counsel for the petitioner submits that, while determining the age of the accused Shri Raymidi Kharsohnoh in connection with Lumdiengjri P.S. Case No. 106 (11) of 2013 u/s 3(a)/4 of the POCSO Act, 2012 and registered as Special Case (POCSO) 17 of 2014, the Court has failed to appreciate the evidence in its full extent and came to the conclusion only on the basis of the ossification test and the School admission register produced from the second school called "Kyrdon Kynton Laimer School, 3rd Mile, Upper Shillong" where he studied only for three months, but has not examined the admission register from the first school called "San Shnong Secondary School" where he initially took admission. The Court also did not appreciate or consider the birth certificate issued by Ganesh Das Hospital, Shillong and simply declare the accused as Juvenile on the basis of the ossification test as well as the School admission certificate issued by the second school.