The provisions of the POCSO Act are not ultra vires the Constitution of India and do not offend the fundamental rights guaranteed by Articles 14 and 21 of the Constitution.

1. - The petitioner, an accused in Sessions Case No. 152/2013 said to be pending before the Sessions Judge, Jodhpur District has filed this writ petitioner seeking the following reliefs:-

(a) that this Hon'ble Court may be pleased to issue a writ of mandamus, certiorari or any other appropriate writ directing respondent no. 2 to produce all relevant documents and information which is relevant for the trial of the case, from Shree Shanker Mumukshu Vidyapeeth at Shahjahanpur (UP) and also to submit a further report u/s 173 Cr.P.C. inter alia covering investigation about age of the complainant girl in Session Case no. 152 of 2013 in a time frame to be prescribed by this Hon'ble Court.

(b) that this Hon'ble Court be pleased to direct the trial court to adjourn the trial of Session Case no. 152 of 2013 till the report as per "a" is received from Respondent no. 2 and to decide the issue of age of the complainant girl thereafter by making an inquiry in a time frame to be prescribed by this Hon'ble Court and pass appropriate orders to transfer the case as a regular Session Case if the trial court comes to a conclusion that POCSO is inapplicable to the case.

(c) In alternative to "a" and/or "b" this Hon'ble Court be pleased to hold that the provisions of POCSO are ultra vires the Constitution of India.

(d) This Hon'ble Court be pleased to order that the trial of Session Case no. 152 of 2013 on the file of the District & Session Court at Jodhpur be stayed pending hearing and disposal of this writ petition.

(iii) Any other appropriate writ, order or direction which this Hon'ble Court consider just and proper, in the facts and circumstances of the case may kindly be passed."

2. Having gone through the material placed on record and upon our posing question to the grounds in relation to the relief (c) as claimed in this petition, so as to hold the provisions of the enactment Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO) as ultra vires the Constitution of India, the learned counsel for the petitioner has referred to grounds G, I, J, K and M in this petition in particular and has also referred to the other contents of the writ petition generally. The grounds G, I, J, K and M read as under:-

"G. Section 34 of POCSO empowers the Special Court under POCSO to determine the age of an accused if question arises over the age of a juvenile accused whereas there is no provision for the accused person to seek determination of age of victim despite there being a valid and sustainable question and dispute over the age of victim and such an anomaly in POCSO creates a serious prejudice for the accused person particularly in an instance where the investigating agency for the reasons best known to it is intentionally withholding vital documents and information from the court instead of coming out with clean hands for furthering fair and just trial for the accused.

I. A Special Court under POCSO would not have jurisdiction to try an offence when the victim is major and therefore when a dispute or question arises over the age of victim, there ought to be a procedure for deciding the same and denial of such remedy to the accused would be serious infringement of the fundamental right of accused under Articles 14 & 21 of the Constitution of India.

J. Once a report u/s 173 CrPC is submitted by police and cognizance is taken by the trial court, it is unfair and unjust for the police to either deliberately and/or negligently withhold a supplementary report which would factually result in creating a handicap in the exercise of the trial court's powers to make inquiries over its own jurisdiction.

K. POCSO does not provide for any procedure whereby the Special Court could decide on jurisdictional issue raised by accused unlike other special enactments such as MCOCA neither does it provide for transfer of case as a regular Session Case upon satisfaction about non-applicability of POCSO and this lacuna in POCSO creates a serious