GOVIND SAINI Vs. STATE OF M.P.

JUDGEMENT

(1.) WITH the consent of learned counsel for the parties, matter is heard finally.

(2.) IT is submitted by the learned counsel for the petitioner that on 22.4.14 the victim had gone to vegetable market. When she did not return, her father lodged a missing report. She was recovered on 24.4.14. Her statement was recorded wherein she has stated that Govind took away her and committed rape on her. On the basis of the aforesaid, crime has been registered against the petitioner and the petitioner was arrested. The petitioner submitted an application under Section 12 of the Juvenile Justice (Care and Protection) Act, 2000 (hereinafter referred to as 'the Act') which was opposed by the prosecution. The learned Court below has not made any enquiry regarding the juvenility of the petitioner. Only on the basis of certificate of admission, the petitioner has been held to be major. The learned trial Court has not followed the procedure laid down under Section 14 of the Act. Hence, the learned Court blow has committed an illegality. It is prayed that impugned order be set aside.

(3.) I have perused the record.