Khan is in jail for the
offences under Sections 366 and 376 IPC on the
allegation that he has sexually abused the detenue. The
detenue ... procedure for determination of the
age and specifically states that where matriculation certificate or the
certificate of first school attended is not available
Rules. We cannot import other procedures laid down in the Code of Criminal Procedure or any other enactment while making an inquiry with regard ... having the hangover of the procedure of trial or inquiry under the Code as if they are trying an offence under the penal laws forgetting
been examined. No statement of
the prosecutrix was recorded under Section 164 Cr.P.C. The learned Trial
Court convicted the appellants by merely looking ... states that Vikram was held to be a juvenile as per the matriculation
certificate and the ossification test, however the Juvenile Justice Board
erroneously reviewed
student of Class IX. Thus, there is no certificate equivalent to matriculation as is required by Rule 12 of the Juvenile Justice (Care and Protection ... occurrence is of April 2012 i.e. before amendment of Section 376 Cr.P.C. when the age of consent for the purpose of this
mention here that the prosecution
had moved an application under Section 319 Cr.P.C. for
summoning the additional persons and that application was
dismissed ... certificate and the matriculation certificate and the copy of the
admission and withdrawal register. He had deposed that the
date of birth entered
prosecutrix in her statement recorded under Section
161 of the Cr.P.C. deposed that on 02/05/2015 she had gone
with the applicant ... applicant shall abide by the following conditions of
437 (3) of Cr.P.C . as under:-
(a) that such person shall attend in accordance with
instituted under Sections 363 / 370 / 371 / 372 of the Indian Penal
Code and Section 5 of the Immoral Traffic (Prevention) Act, 1956.
Heard learned counsel ... State relying upon the
statement of the victim girl under Section 164 Cr.P.C. opposed the
prayer for bail.
On perusal of the statement
stated that FIR
No. 91 dated 31.7.2015 under Sections 363 , 366A IPC is
registered at Police Station Amloh against Jagdeep Singh-
petitioner ... claims her date of birth as 13.7.1998 whereas as per
Matriculation examination certificate appended by the private
respondents themselves along with their reply, her date
State of Maharashtra and
another ), it has held that:
"Penal Code, 1860 - Ss. 376 and 363 -
Kidnapping and rape - Age of prosecutrix/victim -
Determinatin ... determine age of young prosecutrix/victim -
Hence, it should be determined by matriculation or
equivalent certificates or date of birth certificates
from school first attended
determine the age of
prosecutrix/victim. It should be determined by matriculation or
equivalent certificates or date of birth certificates from school
first attended ... held that:
8 Spl C.C.220/13
"Penal Code, 1860 - Ss. 376 and 363 -
Kidnapping and rape - Age of prosecutrix/victim -
Determinatin
