DHAN SINGH MUNDARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has filed this revision application for quashing the order dated 26.8.2008 passed by the Additional Sessions Judge, F.T.C. -V at Chaibasa rejecting an application filed by the petitioner to declare him Juvenile as he was below 18 years of age on the date of occurrence i.e. 18.1.2007.

(2.) FACTS of the case, in brief, is that a case has been registered against the petitioner under Section 376 I.P.C. alleging that on 18.1 .2007 the informant when had gone to attend a local festival namely Tusu and to see the dance programme, the petitioner forced her to dance with him. After some time the petitioner asked her to bring water to drink. She went to take water, the petitioner also went there and on the point of knife, brought her to a lonely place and forcibly committed rape on her.

(3.) THE trial court during the course of hearing when the accused petitioner was produced before him from Judicial Custody, after seeing him, has opined that the physical appearance of the accused petitioner is more than 20 years of age as such on the date of occurrence he was definitely was more than 18 years of age.