THOUDAM MICHAEL SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The present Cril.Rev.Petition is filed by the petitioner/accused under Sec. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short JJ Act) for setting aside the impugned order dtd. 31/3/2023 passed by the Ld. Fast Track Special Court No.1, Manipur in Cril. Misc. Case No.39 of 2021. By the impugned order, the learned Special Court FTSC No.1, Manipur held that the petitioner/accused was not below the age of 18 years at the relevant time of the incident. The petitioner filed Cril. Misc. Case No.39 of 2021 before the FTSC No.1, Manipur under Sec. 9 of the Juvenile Justice (Care and Protection of Children) (JJ Act), 2015 for remitting the Spl. Trial Case No.04/17/93/2020 in C/W FIR No.89(04)2013 Singjamei Police Station U/S 354- A/376 IPC and Sec. 8 of POCSO Act, 2012 where the petitioner who was accused in the present case prayed for declaring him as a juvenile at the time of occurrence of the alleged incident and to remit the case to the Juvenile Justice Board, Imphal West for inquiry as per law.

(2.) Heard Mr. Y. Devadutta, learned counsel assisted by Mr. Borish Laishram, learned counsel for the petitioner and Mr. Y. Ashang, learned PP for the State.

(3.) The brief fact of the case is that the petitioner was accused in FIR No.89(04)2013 SJM PS U/s 354-A/376 IPC and Sec. 8 of POCSO Act, 2012. As per the FIR, the petitioner was accused of sexually assaulting a minor girl.