VICTIM Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard.

(2.) In brief, the facts of the case are that a case of rape has been registered against the respondent/accused by the prosecutrix on 1/3/2021 and admittedly the period of the offence was between 28/5/2020 till 10/2/2021.

(3.) Counsel has submitted that against the aforesaid complaint, accused was arrested on 1/3/2021 and thereafter he was released on bail. Thereafter, vide impugned order dtd. 24/1/2022 learned trial Court directed the matter to be transferred to Juvenile Justice Board noting that the accused's date of birth is 9/7/2002 as per his school scholar register No.218 dtd. 15/7/2014 certifying him as a minor at the time of crime as the crime first occurred on 28/5/2020. The accused attained majority on 9/7/2020 and incident took place between the period from 28/5/2020 until 10/2/2021. Learned Judge of the trial Court is required to see whether the accused was juvenile on the date when the last of such incidents had occurred, whereas, learned trial Court has considered the date when the first of such incident took place as the petitioner was juvenile, hence transferred the matter to Juvenile Justice Board. In support of his contention counsel has also cited a decision in the case of Sri Ganesh v. state of Tamil Nadu and another reported as 2017 (1) MPWN 36 and prayed that the impugned order be set aside and the matter be committed back to the Sessions Court for further trial.