DHARA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 against order dated 05.01.2019 passed by Special Judge (under POCSO Act), Ratlam (MP) in Sessions Trial No.124/2016, whereby an application filed by the petitioner for transferring the case to the Juvenile Justice Board, Ratlam has been rejected.

(2.) Brief facts of the case are that on the basis of report lodged by the prosecutrix, First Information Report bearing Crime No.91/2019 for offence punishable under Sections 363, 366, 376 (d) and 506 of the Indian Penal Code, 1860 and also under Section 5 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 has been registered against the petitioner at Police Station, Kalukheda, District Ratlam (MP). It is alleged that on 04.06.2016 around 12:00 O'clock in the afternoon, when the prosecutrix was returning from temple, the present petitioner and his brother came on motorcycle and forcefully made the prosecutrix to sit on the motorcycle and took her way to village Kalsi at the place of their relatives, where the petitioner committed rape upon her. Thereafter, the accused persons again took the prosecutrix to different villages for 2-3 days and on 08.06.2016, parents of the prosecutrix traced her, and then she come back to home with them. After completion of the investigation, charge sheet was filed before the Competent Court.

(3.) During the pendency of the proceedings, the petitioner moved an application before the Special Judge (under POCSO Act), Ratlam, claiming that at the time of incident, his age was below 18 years, therefore, he prayed that his case should be transferred to the Juvenile Justice Board, Ratlam.