XXXXXX Vs. STATE OF H.P.

JUDGEMENT

(1.) The present revision has been filed under Sec. 102 of the Juvenile Justice (Care & Protection) Act, 2015 (JJ Act) against the order dtd. 28/6/2023 passed by learned Sessions Judge, Shimla in Criminal Appeal No. 49-S/10 of 2022, whereby the appeal filed by the petitioner against the order passed by learned Juvenile Justice Board dtd. 9/11/2022 was ordered to be transferred to learned Additional Sessions Judge/Fast Track Court (Protection of Children from Sexual Offences Act), (POCSO Act) Shimla, H.P.

(2.) It has been asserted that as per the prosecution, the Police Station, Chopal, received information on 14/2/2022 at around 12:04 pm that a 7-year-old girl was brought to the hospital in a rape case. The father of the victim made a statement that the victim had gone to the house of the present petitioner to play with him. She returned after 20 minutes. She had a pain in her stomach. When the enquiry was made by the victim's mother, she revealed that the petitioner had raped her. The police registered the FIR No.17/2021 and conducted the investigation. The police report was filed before the Juvenile Justice Board, Shimla. The petitioner was referred to a panel of Psychologists for preliminary assessment in terms of Sec. 15 of the JJ Act. The panel of Doctors submitted a report and the Board passed an order transferring the case to Children's Court for trial. The petitioner filed an appeal against the order of the Board before the learned Sessions Judge, Shimla. The appeal was disposed of by learned Sessions Judge, Shimla on 28/6/2023 without deciding it on merits by transferring it to the Court of learned Presiding Officer, Fast Track Court (POCSO) for disposal. The appeal was maintainable only before the Sessions Court and could not have been transferred to the Children (POCSO) Court; therefore, it was prayed that the present revision be allowed and the order passed by the learned Sessions Judge be set aside.

(3.) I have heard Mr. Harish Sharma, learned counsel for the petitioner and Ms. Avni Kochhar, learned Deputy Advocate General, for the respondent/State.