ANJAN EKKA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenge in this revision application filed under Sec. 53 of Juvenile Justice (Care & Protection of Children) Act, 2000 (hereinafter referred to as 'the Act') is to the order dated 12.01.2016 passed by learned Special Judge (POCSO) -cum -Additional Sessions Judge, Simdega in Miscellaneous (POCSO)Case No. 09 of 2015 instituted under Sec. 376(G) of I.P.C. and Sec. 4 of POCSO Act, 2012 whereby and whereunder the petition filed by the petitioner for declaring him juvenile has been rejected.

(2.) Heard learned counsel for the petitioner as well as the learned counsel representing the State.

(3.) The facts, which is relevant for the proper adjudication of this revision application, in short, is that on the basis of the statement of one Subhadra Kumari, Kersai P.S. Case No. 12 of 2015 was instituted under the provisions as indicated above with the allegation that the informant had gone to Chapabari village to see 'Dashahara' fair on the last night with her friend and when she was coming back in the morning, the accused persons Anjan Ekka and Rohan Minj caught her and tried to took her to some other place but her friend and cousin brother objected and tried to save her but they were threatened by the accused persons. It is also alleged that the two accused after committing rape upon her fled away. It is also alleged that her friend and one cousin brother brought the villagers, whereafter the two accused persons were caught by the villagers and the present case was lodged.