Age determination for minors must prioritize official documents over medical evaluations, following the legal framework under the Juvenile Justice Act.

JUDGMENT :

SHAILESH P. BRAHME, J.

1. Rule. Rule is made returnable forthwith and heard finally by the consent of the parties.

2. The victim and the State are challenging common judgment and order dated 09.03.2023 accepting ‘B’ summary report and rejection of permission to re-investigate in the crime. The offence in question is common, hence, I propose to decide it by common judgment by referring to papers of Criminal Application No. 661 of 2024.

3. XYZ is a victim/informant of offence bearing Crime No. 122 of 2021 lodged on 25.02.2021 with Shrirampur (City) police station, which was transferred to Jamner police station on 02.03.2021 and renumbered as Crime No.68 of 2021. It has been investigated and final report under Section 173 (2) of the Code of Criminal Procedure for ‘B’ summary was submitted bearing Summary No.24 of 2021. Application (Exh. 11) was submitted on 09.02.2023 seeking permission for re- investigation by police inspector. Criminal Misc. Appln. No. 204 of 2022 was a protest petition submitted by the informant. Judicial Magistrate First Class, Jamner, forwarded matter to learned Special Judge, Jalgaon vide order dated 05.12.2022. Being aggrieved, accused preferred Criminal Revision Application No.6 of 2023. By common judgment and order, which is under challenge, ‘B’ summary report was accepted and Exh. 11 was rejected.

4. On 11.02.2021, a report was lodged by one Bhavna Vikas Lalwani against XYZ, Chandulal Kothari, Jyoti Chandulal Kothari, Sunil Kochar and Sunny with Jamner Police Station, District Jalgaon for the offences punishable under Sections 420, 406, 506 read with Section 34 of Indian Penal Code stating that Sunil Kochar had assured the informant to search a bride for son and he was paid money. The proposal of XYZ was accepted and marriage was fixed on condition of payment of Rs.6,00,000/- to bride’s father. Marriage was solemnized on 09.12.2020. On 29.12.2020, XYZ was taken back to her parental home under the pretext of deteriorating health of grandfather. While leaving matrimonial home, XYZ and other accused took away ornaments, clothes offered by informant. Thereafter, she refused to return. It was offence Crime No.41 of 2021 of Jamner police station.

5. On 25.02.2021, XYZ reported at Shrirampur police station that she was minor and despite her protest she was forced to marry Rushab Vikas Lalwani, who was found to be stutter. She was being harassed by her in-laws/accused. Her cousin father-in-law Paras Lalwani outraged her modesty and other accused abetted it and threatened her not to disclose to anybody. She was asked to have physical relations with Paras. Hence, offence was lodged against Chandulal Kothari, Sunil Kochar, Paras Lalwani, Rushabh Lalwani, Bhavesh, and Bhavna Lalwani for offences punishable under Sections 354A of Indian Penal Code, Section 12 of POCSO Act and under Section 11 of Prohibition of Child Marriage Act. It was registered as Crime No.68 of 2021 at Jamner police station.

6. On 28.04.2021 one more offence was lodged by Alkesh Lalwani against Jyoti Chandulal Kothari, Prafulla Lodha and Sunil Kochar under Section 384, 506 read with Section 34 alleging that accused demanded ransom for settling the allegations in Crime No.68 of 2021. Informant reported it to the police. A trap was laid on 28.04.2021. Jyoti Kothari was caught r