RAJU Vs. STATE OF M. P.

JUDGEMENT

(1.) Appellant has filed the present appeal under section 14(A)(2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act (for short 'the SC/ST Act') being aggrieved by the order dated 16.09.2020 passed by the Special Judge (SC/ST Act), Rajgarh whereby the application filed by the accused seeking declaration that he is "child in conflict with law" and his trial be sent to Board was rejected.

(2.) An FIR was registered against the appellant under sections 363, 366, 376-B, 376(2) of the IPC read with section 5 & 6 of the Protection of Children from Sexual Offences Act and 3(2)(v) of the SC/ST Act and he was arrested. The investigation was completed and charge sheet has been filed before the Special Session Judge . In the charge sheet his age is declared as 19 years at the time of commission of offence on 25.12.2019.

(3.) Appellant/Accused filed an application asserting that at the time of commission of the offence he was below 16 years of age i.e. juvenile, therefore, his trial be sent to the juvenile Court/ board. In support of above contention, he has produced the mark sheet of class-6, year 2018-19 in which his date of birth is mentioned as 13.03.2006.