FAROOQ AHMAD BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) THIS revision petition has arisen and has been filed against the order of learned Sessions Judge, Anantnag passed on an application moved before him in case amenated from FIR No. 21 of 1988 under section 376, 325 RPC, in criminal file No. 291 of 22 -3 -1988.

(2.) IN order to appreciate the matter, a brief resume of the facts is required to be narrated.

(3.) THE facts are that a case under section 376/325 RPC came to be registered on FIR No. 21 of 1988 P/S Kulgam on the allegation that on 3 -2 -1988, minor girl Rukhsana aged 7 years who was playing in the fields in the village was brought to home by one Mst. Zaina W/o Ghulam Mohammad Mir in a state of unconscious and was prefusely bleeding from her private parts. The bleeding was due to having committed rape on the person of victim by the accused Farooq Ahmad Bhat S/o Rasool Bhat, and so on. She was got medically examined and challan against the accused was filed in the court of Judicial Magistrate 1st. Class, Kulgam. The learned Judicial Magistrate had committed the case to the court of Sessions on the count that the offence under Section 376 RPc was exclusively triable by the court of Sessions, Anantnag. Accused appeared before Sessions Judge, Anantnag and he joined a dispute that the court of Sessions at Anantnag had no jurisdiction as because person of accused at the time of commission of alleged offence was only a minor and was below the age of 16 years. His date of birth as per certificate produced by him i.e. school leaving certificate evidence as 2 -2 -1973. So as on date of commission of alleged offence, he was of 15 years and on day old, admittedly below the age of 16 years.