The State Of Madhya Pradesh vs Rajesh Rajak
2022 Latest Caselaw 3393 MP

                                     1
    IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                      BEFORE
                              SHRI JUSTICE SUJOY PAUL
                                         &
                        SHRI JUSTICE DWARKA DHISH BANSAL
                            ON THE 10th OF MARCH, 2022

                 MISC. CRIMINAL CASE No. 11798 of 2021

         Between:-
         THE STATE OF MADHYA PRADESH THR. S.H.O. P.S.
         GORAKHPUR JABALPUR (MADHYA PRADESH)

                                                                  .....PETITIONER
         (BY SHRI S.S. CHOUHAN, LEARNED GOVERNMENT ADVOCATE)

         AND

         RAJESH RAJAK S/O GUTTAN RAJAK , AGED
         ABOUT     23   YEARS, CHANDAN  COLONY
         GANGANAGAR P.S. GARHA DISTT. JABALPUR
         (MADHYA PRADESH)

                                                                .....RESPONDENT
         ( NONE FOR THE RESPONDENT )

      T h is application coming on for hearing this day, JUSTICE SUJOY
PAUL passed the following:
                                      ORDER

Heard on application filed under Section 378(III) of Cr.P.C. seeking leave to

appeal against the judgment of acquittal dated 01.12.2020 passed in Case No. SC/2014/2018.

Assailing the impugned judgment Shri Chouhan submits that Section 94 of Juvenile Justice (Care and Protection) Act, 2015, prescribes statutory methodology for determination of age of a juvenile. The proseuction has produced the marksheet and admission register from proper custody which contains a date of birth which makes it clear that prosecutrix/victim was a minor. The court below disbelieved it and travelled behind and beyond the scope of such statutory provision and disbelieved it on the ground that it is not shown as to what is the basis of such entry in the marksheet/school register.

Learned counsel for the applicant/State submits that this methodology adopted by the court below runs contrary to the statutory mandate ingrained in Section 94 aforesaid.

We have heard him at length.

Prima facie, we find substance in the argument of learned counsel for the State.

In view of judgment of Supreme Court in Ashwani Kumar Saxena Vs.

State of Madhya Pradesh 2012 (9) SCC 750 and Rishipal Singh Solanki Vs. State of Uttar Pradesh and Ors. 2021 SCC Online SC 1079, prima facie, we are satisfied that court below was not required to travel behind the date of birth mentioned in the relevant certificate and school register. In that case, prima facie the victim appears to be a minor. In that case the presumption under Section 29 and 13 of POCSO Act can be drawn.

Resultantly, we deem it proper to grant leave. Leave is granted. The M.Cr.C. be converted into an appeal.

Bailable warrant of Rs. 20,000/- be issued to the respondent for a date to be fixed by the Registry.

                                        (SUJOY PAUL)                                         (DWARKA DHISH BANSAL)
                                           JUDGE                                                    JUDGE
                                      Akm




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Date: 2022.03.11 12:04:18 IST