SUKHRAJ @ RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner is aggrieved of order dated 15.01.2015, passed by the learned Additional Sessions Judge, Fatehabad, whereby the petitioner's application for declaring him a juvenile in conflict with law, has been dismissed.

(2.) Brief facts necessary for the adjudication of the case are that FIR No. 236 dated 04.10.2014, was registered against the petitioner under Sections 376-D, 506 IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012, on the statement of the prosecutrix. Prosecutrix stated that a year prior to the lodging of the FIR, she was studying in Class-7 and one day her cycle got punctured. The present petitioner along with another boy made her sit on her motorcycle outside her school and took her to a tubewell room in the fields. She was threatened, rape committed upon her and obscene photographs taken. It is further stated that she was threatened with disclosure of the incident and the photographs to her family and villagers. The accused then left her in the village. Thereafter, she was subjected to rape by the accused on a number of occasions. It is further stated that one day, they gave her a mobile phone and she used to talk to the petitioner on the said mobile phone. However, later, another boy namely Soni, who was also studying in their school asked her to accompany him while giving a threat of making public the obscene photographs. However, when she refused, a number of other boys also called her on the phone. They named the present petitioner and indulged in vulgar talk. When the prosecutrix remained under tension, her family members came to know that she was in possession of a cell phone. On inquiry, she revealed the entire incident to her family. It is further stated that her family also apprehends danger to their life. Action was thus prayed for.

(3.) Petitioner moved an application under Section 7 of the Juvenile Justice (Care and Protection of Children) Act, 2000, for being declared a juvenile in conflict with law claiming his date of birth to be 02.02.1996 on the basis of a school transfer certificate-Ex.A-1. The prosecution resisted this application while contending that the date of birth of the petitioner was 10.02.1995. Reliance was placed upon an admission form for nursery at Akal Academy Ajitsar, Ratia (Haryana)-Ex.R-1, copy of the admission withdrawal register Ex.R-2 and a school certificate as Ex.R-3, issued by Akal Academy Ajitsar, Ratia (Haryana).