MOHD. RASHID Vs. STATE OF J & K

JUDGEMENT

(1.) Petitioner has challenged order dated 17.03.2016 passed by the learned 3rd Additional Sessions, Judge, Jammu (hereinafter referred to as the 'Trial Court'), whereby, pursuant to the directions of this Court contained in its order dated 05.10.2015, the learned Trial Court has, after conducting inquiry with regard to the plea of juvenility of the petitioner, submitted its report, holding that date of birth of the petitioner is proved to be 12.01.1987 and that on date of the occurrence, i.e. on 28.08.2005, he was more than 18 years of age and as such, was not a juvenile.

(2.) Before coming to the aforesaid order of the learned Trial Court and the contentions raised there against by the petitioner in the instant revision petition, it would be profitable to give background of the facts that have led to the instant proceedings.

(3.) A charge-sheet was laid by the police of Police Station, Pacca Danga, Jammu against the petitioner in pursuance of the investigation conducted by the police in respect of FIR No. 144 of 2005. As per the case of prosecution, petitioner is alleged to have kidnapped minor daughter of PW- Abdul Rehman from his rented accommodation at Rani Talab, Jammu and thereafter, subjected her to forcible sexual intercourse and murder. The occurrence is alleged to have been taken place on 28.08.2005. Thus, the petitioner is alleged to have committed offences under Sections 363, 376 and 302 RPC.