ASHFAQ Vs. STATE

JUDGEMENT

(1.) With consent, matter is finally heard. This is a petition, under Section 482, of the Code of Criminal Procedure (for short "the Code"). Petitioner is aggrieved by the order dated 14-2-12 passed by Shri D.R. Dubela, JMFC, Begumganj in R.T. No. 189/08, closing his right to adduce evidence in support of his claim of juvenility. In that case, cognizance for the offences punishable under Sections 363, 366 and 376 of the IPC, allegedly committed by the petitioner on 15-7-2007, was taken upon the charge-sheet submitted by the SHO of P.S. Begumganj after due investigation into the FIR lodged by the prosecutrix.

(2.) The petitioner, who was shown as absconding in the charge-sheet submitted on 25-12-07, could ultimately be apprehended on 5-4-11. He raised the plea of juvenility before the Magistrate by making an application on 25-1-12. Simultaneously, he moved another application for subjecting him to ossification test by Dr. R.S. Kushwaha, the radiologist in the Govt. Hospital at Raisen. Vide order passed on the same day, learned Magistrate directed petitioner to get the proposed test conducted on himself at his own costs and also to lead evidence on 14-2-12 by examining his mother in support of the assertion that he was a juvenile within the meaning of Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 on the date of commission of the offences.

(3.) However, on 14-2-12, he moved another application for issuance of necessary direction to the Radiologist who, according to him, had refused to carry out the test. This application was also allowed and it was ordered that on payment of process fee, letter be issued to the Radiologist for doing the needful. Thereafter, observing that the petitioner had neither paid the process fee nor led any evidence in support of his claim, learned Magistrate proceeded to pass the order under challenge.