KHUSHBU KUMARI Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) Heard Mr. Umesh Kumar Choubey, learned counsel for the petitioner and Mr. Ashish Jha, learned A.P.P. for the State as well as Mr. Sajid Yunus Warsi, learned counsel for the opposite party no. 2.

(2.) This application is directed against the order dated 21.12015 passed in Misc. Case No. 2 of 2015 by which the learned Additional Sessions Judge-1st Cum- Special Judge (Protection of Children from Sexual offence), Hazaribagh has declared the opposite party no. 2 to be a juvenile.

(3.) It has been submitted by the learned counsel for the petitioner that the first date of occurrence is of November, 2013 and subsequent thereto the act of establishing physical relationship with the petitioner by the opposite party no. 2 continued unabated and ultimately on 22.02015 on the refusal on the part of the opposite party no.2 to solemnize marriage with the petitioner the matter was reported which subsequently led to institution of the First Information Report. It has been submitted that the act of the opposite party no. 2 was a continuous offence which fact has not been properly appreciated by the learned court below as the juvenility of the opposite party no. 2 has been declared merely on the basis of the first date of occurrence i.e. November, 2013 without considering the subsequent act carried out by the opposite party no.2. It has been submitted that even as per 164 Cr.P.C statement of the petitioner it would appear that on 202015 the opposite party no. 2 had once again established physical relationship with the petitioner and such statement has not been taken into consideration as the opposite party no. 2 was definitely a major as according to the Matriculation Certificate the date of birth of the opposite party no. 2 is 12.12.1996. In support of his contention learned counsel for the petitioner has submitted that the offence itself continued and the question of juvenility could be decided on the last date of occurrence. He has relied upon on the judgment passed in the case of Vimal Chadha v. Vikas Choudhary & Anr. reported in 2008 (3) Eastern Criminal Cases 253 (SC).