ABBAS ALI Vs. ABDUL GAFAR

JUDGEMENT

(1.) Respondent no. 1 Abdul Gafar allegedly with the aid of his sister Shazia Kouser and mother committed rape upon the prosecutrix (daughter of the petitioner) on 12.8.2005, as a result thereof case has been registered as FIR no. 277/05 Police Station Rajouri for commission of offences punishable under Sections 376/109/341 IPC. Both respondent no. 1, Abdul Gafar and his sister Shazia Kouser projected to be less than sixteen years of age, so claimed to be governed by Juvenile Justice Act, 1997.

(2.) So for as Shazia (sister of accused Abdul Gafar) position of her being Juvenile is not disputed, but the position of respondent no. 1 Abdul Gafar being Juvenile was objected to, which lead to the enquiry by the competent authority (Juvenile Court) as warranted under Section 32 of the Juvenile Justice Act, 1977, hereinafter referred to as the Act . The competent authority i.e, Juvenile Court after concluding the enquiry has passed the order dated 7.10.2005 holding therein that respondent Abdul Gafar (accused) was not proved to be juvenile on the date of occurrence.

(3.) Dis-satisfied with the same, appeal has been preferred as prescribed under Section 37 of the Act before the Court of learned Sessions Judge, Rajouri which came to be assigned to the ld. Additional Sessions Judge Rajouri, who in his order dated 2.4.2011 has concluded that the age of Abdul Gafar (accused) at the time of alleged occurrence i.e, 12.8.2005 was less than sixteen years so was accordingly held to be juvenile, entitled to the benefits available to a delinquent juvenile under the Act . The complainant, father of the prosecrutix aggrieved thereof has filed the instant revision petition as prescribed under Section 38 of the Act .