PRAMOD ORAON @ PRAMOD RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Mohit Prakash, learned counsel for the petitioner. No one appears on behalf of the State.

(2.) This application is directed against the order dated 14.10.2015 passed by the learned District & Additional Sessions Judge-I, Gumla in Misc. Case No. 02 of 2015, in connection with Sisai (Bharno) P.S. Case No. 02 of 2015, corresponding to G.R. No. 17 of 2015 (S.T. No. 146 of 2015), whereby and whereunder the application preferred by the petitioner for declaring him to be a juvenile has been rejected. It appears that a First Information Report was instituted by one Sarina Devi to the effect that the petitioner had taken a loan of Rs. 10,000.00 from her and on 04.01.2015 the petitioner on the pretext of giving back the loan had forcibly dragged her and had committed rape upon her. Based on the aforesaid allegation Sisai (Bharno) P.S. Case No. 02 of 2015 was instituted for the offence punishable u/s 376 of the Indian Penal Code.

(3.) During the trial the petitioner had filed an application u/s 7 (A) of the Juvenile Justice (Care and Protection of Children) Act, 2000 being Misc. Case No. 02 of 2015 to declare him a juvenile. Since the petitioner did not produce any certificate in proof of his age the Medical Board was constituted which assessed the age of the petitioner to be between 19-20 years on the date of his medical examination i.e. 15.07.2015. Pursuant to the report of the Medical Board the learned trial court vide impugned order dated 14.10.2015 had rejected the prayer of the petitioner that he was a juvenile on the date of the occurrence.