CHANDIRAM KUMHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the present petition, the petitioner has challenged the order dtd. 17/2/2022, passed by the learned Special Judge, POCSO Act Cases and Commission for Protection of Child Rights Act, 2005, Rajasthan (hereinafter referred to as the trial Court), whereby the respondent No. 2 has been held to be a juvenile and his case has been transferred to Juvenile Justice Board for trial.

(2.) Challenging the order impugned, learned counsel for the petitioner argued that a certificate issued by the Municipal Board was produced by the respondent No. 2 showing his date of birth to be 31/10/2003 and solely on the basis of such certificate, the learned trial Court has considered age of the respondent No. 2 to be below 18 years on the date of incident and transferred the case to be tried by the Juvenile Justice Board.

(3.) Learned counsel argued that it was incumbent upon the trial Court to have called for the medical report of the competent board so as to determine the medical age of the respondent No. 2.