SHRI SELESTIE Vs. THE STATE

JUDGEMENT

(1.) This is an application filed under section 397 read with section 401 Cr. P.C. assailing order No.6 dated Sept. 7, 2016 passed in Criminal Misc. Case No.56 of 2016 by the learned Special Judge of the Special Court constituted under section 14 of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the said Act of 1989') for Andaman and Nicobar Islands.

(2.) The facts of the case are set out in nutshell: -

(3.) I have heard the learned advocates appearing for the respective parties at length and I have given my anxious thoughts to the facts and circumstances of this case. It is not in dispute that the victim girl is below 12 years of age. It is also not in dispute that the victim girl belongs Scheduled Tribe community. It is also admitted fact that the two Special Courts have been constituted separately for trial of the commission of cognisable offences against the persons belonging to Scheduled Castes and Scheduled Tribe community and the children below the age of 18 years respectively. The only dispute which requires to be resolved in this case is to find out the appropriate Court, amongst the two Special Courts created under the provisions of the aforesaid to Acts, which is competent to deal with the case under reference.