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
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
IPC . The trial court acquitted A1 from the charge under Section 376 r/w 511 of IPC . Challenging the above said conviction and sentences ... above incriminating materials were put to the accused under Section 313 of Cr.P.C. he denied the same as false. However
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
preferred this bail application under
Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted
that the FIR against the petitioner has been ... delay. It is also
stated that, in her statement under Section 161
Cr.P.C., the prosecutrix has admitted that she has not
complained about
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
dated 07.12.2015 was registered under Section
376 of Indian Penal Code and Section 4 of the Protection of Children
from Sexual Offences Act, 2012 against ... time of occurrence as his date of
birth in the matriculation certificate was recorded as 29.01.1997. He
was less than 18 years
stood charged for the offences under Sections 366(A) , 342 and 376 I.P.C. By judgment dated 25.02.2013, the Trial Court convicted the accused ... simple imprisonment for 6 months for the offence under Section 366(A) I.P.C., to undergo rigorous imprisonment for one year
Heard on this first application for bail under Section 439
of the Cr.P.C. filed on behalf of the applicant Santosh
Kumar Tripathi ... registered by P.S.
Panvar, District-Rewa, under Section 376 of the IPC and
Section 3 / 4 of the Protection of Children from Sexual
Offences
held that:
8 Spl.C.C.19/14
"Penal Code, 1860 - Ss. 376 and 363 -
Kidnapping and rape - Age of prosecutrix/victim
- Determinatin ... first instance the offence of kidnapping
punishable under Section 366 of I.P.C. is taken for
9 Spl.C.C.19/14
consideration
