JUDGMENT :

Heard Mr. Prashant Kumar Rahul, learned counsel for the petitioner and Mrs. Vandana Singh, learned Sr. S.C.-III, learned counsel for the State.

2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. This criminal miscellaneous petition has been filed for quashing of the order dated 16.06.2020, passed by the learned Principal Magistrate, Juvenile Justice Board, Latehar, whereby by way of invoking power under Section 18(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015, transferred the trial of the case to the learned Children’s Court, Latehar and also for quashing of the order dated 29.01.2021, whereby the surrender-cum-bail petition, filed by the petitioner has been rejected. The prayer for quashing of the order dated 03.02.2021 has also been made, by which, charge has been re-framed under Section 376 of the Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO Act’), in connection with Children Court Case No. 03 of 2020, pending in the Court of learned Additional sessions Judge-I-cum-Children’s Court, Latehar.

4. On the following premises, the case in question was lodged:-

The case has been instituted on the basis of the fardbeyan of the informant Reena Devi, alleging therein that she used to work as a cook in Rajhara Gurukul. It is further alleged that on 03.8.2017 at about 7.00 P.M., she along with her colleague Kaushlya Devi, wife of Rajesh Prasad Sao were cooking food for the children of the Gurukul then one Jitendra Singh, the student of the said Gurukul came there with Ajay Bhuiyan (petitioner). It is further alleged that at that time Ayushi Kumar @ Khushi was standing there then the said Ajay Bhuiyan told her to take food with him, thereafter, the said Ayushi ate food with the petitioner. Thereafter the informant went to bathroom after leaving them. It is further alleged that at about 8 P.M. when the informant saw that all the students of the Gurukul were eating food, but the said Ayushi was not there, thereafter she along with Kaushlya Devi, Awadhesh Munda, Gopal Munda and Jitendra Singh made hectic search for the said Ayushi and after finding no clue, the informant returned to Gurukul and further tried to search her, in the meantime at about 10.00 hrs. Ajay Bhuiyan and Ayushi were coming from Panchayat Bhawan situated at Gaushi College. On enquiry, the said Ayushi started weeping in the meantime, Ajay Bhuiyan also came there. The informant asked the reason for weeping from Ayushi, then Ayushi told that the said Ajay Bhuiyan assaulted her and was strangulating her. The said Ayushi also showed her private part indicating ache in her private part. It is also alleged that the informant found blood stained in the cloth of Ayushi and it was also found that the said Ajay Bhuiyan committed wrong with the said Ayushi. On the basis of these allegations, the instant case has been lodged against the petitioner under Section 376 of the Indian Penal Code and Sections 4/8 of the POCSO Act on 04.08.2017.

5. Mr. Prashant Kumar Rahul, learned counsel for the petitioner submitted that the petitioner is innocent. According to him, the petitioner was minor, aged about 17 years at the time of occurrence. He submitted that after investigation, chargesheet has been submitted on 31.08.2017 against the petitioner under Section 376 of the Indian Penal Code and under Section 4 of the POCSO Act. Charge was framed against the petitioner in both the sections on 05.4.2017. According to him after framing of charge, six witnesses have been examined on behalf of the prosecution. After examination of the prosecution witness, statement under Section 313 of the Cr.P.C. was recorded on 07.11.2019 by the Court