Remanded

Harihar Sona v. State of Chhattisgarh

Chhattisgarh HC28 Jan 2025CRMP/216/2024

Case brief

AI extract

What is this about?

A special public prosecutor raised a plea challenging the age of the appellant in a trial under the POCSO Act. The High Court held that the Special Judge failed to consider the statutory birth certificate before school records and remanded the case for an afresh enquiry to verify the date of birth.

What did the court decide?

The case remanded to the concerned POCSO Court for carrying out an afresh enquiry after calling the original birth certificate to verify the date of birth.

Harihar Sona Vs State of Chhattisg… — Constitutional and Fundamental Rights | Chhattisgarh HC (2025)

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2025:CGHC:5236

AFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 216 of 2024

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1 - Harihar Sona S/o Shri Niranjan Sona Aged About 17 Years And 4 Months And 18 Days On 21-12-2022, (Not 18 Years) At Present Aged About 18 Years 5 Months 14 Days R/o Village Dongaripali, District Sarangarh-Bilaigarh (C.G.)

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... Applicant

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versus

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1 - State of Chhattisgarh Through S.H.O. of The Police Station Dongaripali and District Sarangarh-Bilaigarh (C.G.)

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... Respondent

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For Applicant : Mr. Abhishek Saraf, Advocate For State : Mr. Neeraj Sharma, Dy. AG along with Ms. Pushpalata Khalkho, Panel Lawyer

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(Hon’ble Shri Justice Arvind Kumar Verma)

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Order on Board

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29/01/2025

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The instant petition has been filed against the order dated 18/10/2023 passed in Special Criminal Case under the POCSO Act No.36/2023 by the Additional Special Judge POCSO Act, Sarangarh, District Sarangarh, Bilaigarh, C.G., whereby the application filed by the applicant under Section 9 of the Juvenile Justice (Care and Protection of Children) Act, 2015 was dismissed.

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The brief facts of this case are that on 26-09-2023 the present applicant/accused filed an application under section 9 of the Juvenile

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ASHUTOSHMISHRA Digitally signedby ASHUTOSHMISHRADate:2025.02.0111:46:00+0530

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Justice (Care and Protection of Children) Act, 2015 stating there in that against the applicant charge sheet has been filed by the Police Station Dongaripali in connection with the offences under section 363, 366, 368, 366(A), 376, 346, 212, 120(B), 34 Indian Penal Code before the learned Additional Sessions Judge/Special Judge POCSO Act Sangarh District Sarangarh Bilaigarh(C.G.). It was further averred that the aforesaid charge sheet has been filed against the applicant/accused by showing him as major and mentioned his age as 18 years and 3 months, since as per his birth certificate, the actual date of birth of the applicant/accused is 03-08-2005 thus his age on the date of incident i.e. 21-12-2022 comes 17 years 04 months and 18 days, thus the juvenile justice board only having jurisdiction to hear the matter. Therefore, it was prayed that the application be allowed and matter of the present applicant/accused be placed before the learned Juvenile Justice Board Raigarh and to delete the name of the applicant from the aforesaid charge sheet.

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On 03-10-2023 State filed its reply of the aforesaid application by mentioning that the applicant is a major therefore the charge sheet has been produced before the Additional Sessions Judge/ POCSO Act Sarangarh, District Sarangarh Bilaigarh, thus prayed for dismissal of the application. On 18-10-2023 learned Court has passed the impugned order with the enquiry report stating that, in birth certificate issued under section 12/17 of the Birth and death registration Act 1969 the date of birth of the applicant is mentioned as 03-08-2005 and Dhakhil Kharij Register was also produced in which the date of birth 03-01-2005 mentioned. But date mentioned in Dhkhil kharij register as 03-01-2005

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has been accepted by the court instead of the date of birth mentioned in the birth certificate.

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Learned counsel for the applicant would submit that the birth certificate issued under Section 12/17 of the Birth and Death Registration Act, 1969 was produced in which the date of birth of the applicant has been mentioned as 03/08/2005 and in the Dakhil Kharij Register was also produced wherein the date of birth of the applicant was mentioned as 03/01/2005 and the date of birth written in Dakhil Kharij Register has been accepted by the Court instead of Birth Certificate. He would next contend that in para 24 of the enquiry report it has been mentioned that the parents of the applicant have not denied the date of birth mentioned in the birth certificate as 03/08/2005. He would next contend that when two grounds are available then the ground which favours the accused should be accepted, therefore, the order impugned deserves to be set aside and the Court below may be directed to accept the date of birth of the applicant to be 03/08/2005 and he may be treated as juvenile.

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Per contra, learned State counsel would submit that the order of the Court below is well merited which do not call for any interference.

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I have heard learned counsel for the parties and perused the documents.

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Reading of the documents would show that the prosecution has produced

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the Dakhil Kharij Register of Class-I (ExC/1); Admission application for Class 6^th (Ex. C/2); Dakhil Kharij Register of Class 9^th (Ex. C/3); application for admission in Class 9^th (Ex. C/4); Application for admission in Class XIIth (Ex. C/5); Transfer Certificate (Ex. C/6) and on the basis of these documents the Special Judge has presumed that the

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date of birth of the applicant is 03/01/2005 whereas all these documents are after the issuance of birth certificate. The birth Certificate issued by the Registrar (Birth Death) (Ex. C/7) which is of the applicant bearing registration No.211/05 wherein the date of birth of the applicant is mentioned as 03/08/2005 and the date of registration is shown as 10/09/2005 i.e. after 01 month and seven days of the birth.

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Therefore, considering the entire facts & circumstances of the case, the instant case is remanded back to the concerned POCSO Court for carrying out afresh enquiry and it is directed that the POCSO Court shall call for the original register of birth certificate from the concerned department and shall tally/match the details of the birth certificate of the applicant and other documents produced by him with regard to his date of birth and thereafter after enquiry will give their finding.

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With the aforesaid observation, the instant petition stands disposed of.

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SD/-

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(Arvind Kumar Verma) JUDGE

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ashu

Harihar Sona v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Harihar Sona v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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