AJIT PRAMANIK Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) By way of this revision application, the petitioner Ajit Pramanik takes exception to the order dated 09.03.2015 passed by learned Additional Sessions Judge-V, Dhanbad in Sessions Trial No.180 of 2012 whereby and whereunder the petition filed by the petitioner under Section 7(A) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act) read with Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 (hereinafter referred to as the Rules) for declaring him Juvenile, has been rejected.

(2.) It appears from the record that at the instance of the informant Ruksana Khatoon, the fardbeyan was recorded and the F.I.R. was lodged on the allegation that in the intervening nigh of 27- 28, January, 2012 when the informant was sleeping in her house, at about 1.00 a.m. someone knocked the door. The informant anticipating his father or brother knocking the door opened the door, but the accused Ajit Pramanik (the petitioner) was found to be standing, who forcibly entered into the room and committed rape upon her and when the father of the informant came to house, the petitioner anyhow fled away. The informant narrated the entire incidence to her father whereafter her fardbeyan was recorded.

(3.) It further appears that during pendency of trial, the petitioner filed a petition dated 19.12.2014 claiming himself to be a juvenile and prayed that on the alleged date of occurrence he was less than 18 years of age but as he never attended the school at any point of time and as such he has no school certificate and his matter may be referred to a duly constituted Medical Board for assessment of his juvenility. The court below by order impugned dated 09.03.2015 rejected his prayer for assessment of his age holding as follows:-