KU ANITA MINOR Vs. ATAL BIHARI

JUDGEMENT

(1.) This is a revision under S. 38 of the Juvenile Justice Act, 1986 (for short, the 'Act') against the order dated 15-11-1991, passed by the First Additional Sessions Judge, Bhind, in Criminal Appeal No. 58/1991, preferred against the order dated 18-9-1991 passed by the Juvenile Court, Morena under S. 32 of the Act holding the accused/respondent No. 1 as a juvenile.

(2.) The complainant/petitioner was sexually assaulted by the accused on 10-5-1991 at about 6 p.m. On a report a case under S. 376, IPC, at Crime No. 145/1991 was registered by P. S. Gohad against accused Atal Bihari, who apprehending his arrest applied for grant of anticipatory bail, which was rejected; therefore, the accused approached this Court in Misc. Criminal Case No. 1090/1991, decided on 13-6-1991, wherein this Court after hearing the accused, the State and the complainant, directed the accused to surrender before the Juvenile Court, Morena, who then shall hold an inquiry in accordance with S. 32 of the Act, where the prosecution, the complainant and the accused would be at liberty to place material before the Court to demonstrate the age of the accused at the time of commission of the offence. The Juvenile Court after holding due inquiry as to the age of the accused recorded a finding that the accused is a juvenile. Against this order the complainant preferred an appeal under S. 37 of the Act. The appellate court after perusing the material on record and taking into consideration the birth certificate issued under (the) Registration of Births and Deaths Act, 1969 (for short, the 'Act of 1969), wherein the date of birth of the accused was entered as 12-9-1976, entry of which was made on 14-12-1976, affirmed the order of the Juvenile Court. Aggrieved of this order, the complainant has preferred this revision.

(3.) Shri K. S. Shrivastava, counsel for the petitioner, Shri R. D. Jain and Shri T. C. Bansal, counsel for the accused, and Shri J. P. Sharma, Panel lawyer for the State were heard. Record perused.