JUDGMENT :

Ram Manohar Narayan Mishra, J.

1. Heard learned counsel for the revisionist, learned counsel for the respondent No.2, learned AGA for the State and perused the material placed on record.

2. Pleadings have already been exchanged between the parties.

2.1 Instant criminal revision has been preferred against the order dated 19.7.2023, passed by the Special Judge (POCSO Act), Hamirpur, in Special Sessions Trial No.397 of 2020, arising out of Case Crime No.241 of 2020, under sections 363, 366 IPC and Section 8 of POCSO Act, Police Station Maudaha, District Hamirpur (State of UP vs. Julius Masih @ Sintu Masih @ Ajay). By the impugned order learned Special Judge has disposed of application 25-Kha with finding that a prima facie case is made out against the accused Julius Masih @ Sintu Masih @ Ajay to put him on trial for charge under sections 363, 366 IPC and Section 8 of POCSO Act. The learned court below has also observed that on perusal of academic documents produced on behalf of the prosecution, the date of birth of victim is found to be 25.11.2004. Accordingly, she was of 15 years, 7 months of age on the date of incident.

3. Learned counsel for the revisionist submitted that acc