SUDIP BANERJEE @ BABUSONA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application challenging an order dated 09.02.2018 passed by the Learned Judge, Special Court (POCSO Act), Basirhat, North 24 Parganas in Case No. Spl. (POCSO) 27 of 2017 under Sections 306, 354, 417 of the Penal Code and Section 6 of the Protection of Children from Sexual Offences Act (POCSO Act, for short), thereby, inter alia, holding the victim girl to be a minor at the date of occurrence.

(2.) In the course of the above referred proceedings, the accused/petitioner filed a petition dated 28.08.2017 praying for ascertaining the date of birth of the victim girl, presumably for testing the applicability of the POCSO Act on the present facts. It was contended by the petitioner that the victim was born at the Basirhat General Hospital on 09.09.1998 and the said was recorded in the Municipal Birth Register, but as per school admit card, her date of birth was 08.03.1999.

(3.) On the question of date of birth and age of the victim girl, evidence was led. The Prodhan of the Champapukur from Panchayat, as PW 1, deposed that as per their Register of Births and Deaths, the date of birth of the victim girl was recorded as 08.03.1999. In his cross, he stated that the said date was registered on 17.02.2004 and admitted that there was some overwriting on the 'month' portion. DW 1, the Officer-in-Charge of Basirhat Municipality Register of Births and Deaths proved an entry of the birth of a female child to the parents with the same names as those of the victim on 09.09.1998. In the cross-examination, he admitted that the initial put against the relevant entry was not recognised by him. He also admitted that Champapukur fell outside the jurisdiction of Basirhat Municipality.