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2018 Supreme(Del) 2322

SANJEEV SACHDEVA
Shweta Gulati – Appellant
Versus
State Govt. of Nct of Delhi – Respondent


Advocates Appeared:
For the Petitioners: Mr Vikram Dua with Mr Vinod Kumar
For the Respondent: Mr Mukesh Kumar, APP. SI Sanjeet Singh, PS Rajouri Garden

JUDGMENT :

SANJEEV SACHDEVA, J.

1. The petitioners impugn order dated 06.09.2017 passed by the Child Welfare Committee (CWC) as well as the order of the Appellate Court dated 21.02.2018 holding the victim girl to be a minor.

2. Petitioner No.1 is the employer of the minor victim ‘K’ and is a co-accused along with her husband in FIR No.896/2016, Police Station Rajouri Garden under Sections 325/376 IPC and Section 6 POCSO read with Section 75 Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as ‘J.J.Act, 2015’)

3. The impugned orders arise out of an issue, which arose before the CWC pertaining to payment of wages to the minor victim.

4. Since there was no document available, a Bone Ossification Test of the victim ‘K’ was conducted for her age determination. As per the Ossification Test Report, the age was estimated to be in range of 17 to 19 years, as on 05.12.2016.

5. By the impugned order dated 06.09.2017, the CWC determined the age of the Victim ‘K’ as ‘Seventeen Years’. The said order was impugned by way of an Appeal before the Court of Additional Sessions Judge.

6. By the impugned order dated 21.02.2018, the learned Court of the Additional Sessions J



















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