SUNDER KISAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Challenging the order dtd. 10/9/2020 passed by the learned Additional Sessions Judge-cum-Special Judge (under POCSO Act), Sambalpur in Special G.R. Case No.419 of 2020, thereby allowing the prayer of the Investigating Officer to omit Sec. 6 of the Protection of Children from Sexual Offices Act, 2012 (for short the 'POCSO Act') and return the F.I.R., the present petitioner, who is the father of the victim, has approached this Court by filing the present revision petition under Sec. 401 read with Sec. 397 of the Code of Criminal Procedure, 1973.

(3.) Mr. Pramod Ranjan Behera, learned counsel appearing for the petitioner submitted that the learned trial Court should have based its finding on the basis of birth certificate of the victim under Annexure-2 issued by the Registrar (Birth and Death)-cum-Medical Officer, C.H.C., Garposh, District-Sambalpur as the date of birth of the victim is recorded in the said birth certificate as '10/3/2003'. Therefore, on the date of alleged occurrence, the victim is stated to be around 16 years, 11 months and 23 days. He, therefore, submitted that such perverse finding of fact is required to be interfered by this Court as the entries made in the birth certificate of the victim have probative value and prevail over the entry in the School Admission Register.