KIRAN MIR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Bharatpur P.S Case No.132 of 2018 was registered on 22nd June, 2018 on the basis of a written complaint submitted by one Mustari Begum the accused/appellant under Section 376 of the Indian Penal Code.

(2.) It is pertinent to mention at the outset that the defacto complainant claimed her daughter/victim to be a major girl on the date of commission of offence, while the appellant was minor above 17 years of age at the relevant point of time.

(3.) The accused/appellant being minor was produced before the Juvenile Justice Board, Berhampur. The Board medically examined the accused in presence of a psychologist to ascertain his mental and physical capacity and understanding as to consequence of the act committed by him and was of the view that he on the date of commission of the alleged offence had mental and physical capacity to commit the offence and also had the knowledge about the consequences thereof. The report was sent to the children's Court at Berhampur. The learned principal Magistrate on due consideration of the report submitted by the Board committed the case record to the court of the learned Sessions Judge, Berhampur. The learned Sessions Judge, in turn transferred the case record to Special Court, POCSO, Act Kandi, Murshidabad for trial and disposal.