GOVIND MINOR Vs. STATE OF M.P.

JUDGEMENT

(1.) Present revision petition has been filed under Section 102 of Juvenile Justice ( Care and Protection of Children) Act, 2015 read with Section 397/401 of the Cr.P.C., aggrieved by order dated 03/11/2018, passed by Second Additional Sesions Judge, Rajgarh (Bioara) in S.T. No. 509/2017, whereby the claim of juvenility of the applicant has been rejected.

(2.) Brief facts of the case are that Crime No. 466/2017 for the offence punishable under Sections 342 and 376 of the IPC alongwith Section ? of the Protection of Children from Sexual Offences Act, 2012 has been registered against the applicant at Police-Station Jeerapur, District-Rajgarh. After completion of the investigation the charge-sheet has been filed against the Child in conflict with law and the case was committed to the Sessions Court for trial. In the Sessions Court the Child in conflict with law has moved an application under Section 94, 9 of the Juvenile Justice (Care and Protection of Children) Act, 2015 for claiming that at the time of alleged incident, he was juvenile.

(3.) Learned Additional Sessions Judge/Special Judge (POCSO) Act, Rajgarh after recording the evidence adduced by the parties and after appreciating the evidence and material brought on record, came to the conclusion on that date of alleged incident the Child in conflict with law was aged about 18 years, 4 months and 4 days, thus, the applicant was not juvenile at the time of alleged incident. Being aggrieved by the finding given by the trial Court, the present revision petition has been filed.