LAWS(ORI)-2016-9-139

MANAS KUMAR KHUNTIA Vs. STATE OF ORISSA

Decided On September 18, 2016
Manas Kumar Khuntia Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) This revision petition has been filed to set aside the order dated 24.6.2016 passed by the learned Sessions Judge, Jajpur in Criminal Appeal No.47 of 2016 in confirming the order passed by the learned C.J.M.-cum-Principal Magistrate, Juvenile Justice Board, Jajpur in J.G.R. Case No.21 of 2016 and for a direction that the petitioner should be released on bail.

(2.) On perusal of the L.C.R., it appears that the date of birth of the petitioner as per the School Admission Register is 06.03.1999 and the occurrence in question stated to have taken place on 05.06.2016 and therefore, as on the date of occurrence, the petitioner was aged about 17 years 3 months.

(3.) The FIR was registered as Korai P.S. Case No.92 dated 12.06.2016 under sections 363/366 of the Indian Penal Code. Subsequently, the case turned to also one under Section 376 of the Indian Penal Code read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereafter "POCSO Act") and the investigation is under progress.