SHAIK SALEEM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Introductory: One Shaik Saleem - sole accused in S.C. No.330 of 2019 on the file of Special Court for Speedy Trial of Offences under Protection of Children from Sexual Offences Act: Guntur, preferred the appeal vide CRLA No.33 of 2021, questioning the conviction and sentence, dtd. 4/1/2021 passed in the said Sessions Case. He was convicted for the offences under Sec. 376AB of IPC and Sec. 6 of Protection of Children from Sexual Offences Act, 2012 (for short POCSO Act) and sentenced to suffer Rigorous Imprisonment for life and to pay fine of Rs.1000.00, and in default to suffer simple imprisonment for two months. The appellant has filed the present application in I.A.No.2 of 2025 with a prayer to call for a report from the Juvenile Justice Board, Guntur with regard to his age as on 11/12/2018 (the date of offence). Scope of present application and backdrop:-

(2.) The case against the appellant is that, he has committed rape on a minor girl aged 6 years.

(3.) Petitioner/applicant is contending that his date of birth is 28/6/2001 as per the birth Certificate issued by the Government General Hospital, Guntur on 2/2/2024. Therefore, as on the date of the offence i.e., on 11/12/2018, his age is 17years-5 months-14 days. Hence, he shall be considered as juvenile.