JUDGMENT :

K. N. PHANEENDRA, J.

1. The present appeal is preferred against the order passed by the II Addl. District and Sessions Judge, Kolar dated 08.08.2018 under Section 9 of the Juvenile Justice (Care and Protection of Children) Act, 2015, (hereinafter referred to as 'JJ Act' for short).

2. The petitioner, the sole accused is charge sheeted for the offence punishable under Sections 366A and 376 of IPC and also under Section 6 of the Prevention of Children from Sexual Offences Act (hereinafter referred to as 'POCSO Act' for short).

3. During pendency of the proceedings, an application was filed stating that the accused was not completed the age of 18 years as on the date of the alleged incident and he was a Juvenile as his date of birth is 28.04.1999 and the incident happened between 21.04.2016 to 30.04.2016, alleging that the accused has kidnapped and abducted the victim girl from Mallasandra village to Bengaluru on his Motorcycle and he had committed sexual intercourse with her during the above said period. The learned Sessions Judge, on 16.01.2018 has passed an order that the accused was below the age of 18 years and above 16 years of age and if he is aware of the consequences o