2026:CGHC:2872 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1282 of 2019 Vidya Sagar Baghel S/o Ramji Aged About 18 Years R/o Village Mohtara, Police Station Saja, District Bemetara, Chhattisgarh.

... Applicant versus State of Chhattisgarh Through Station House Officer, Bemetara, District Bemetara, Chhattisgarh.

... Respondent For Applicant : Mr. Pratyaksh Sharma, Advocate.

For Respondent : Mr. Saurabh Sharma, Panel Lawyer.

Digitally signed by Hon'ble Shri Ramesh Sinha, Chief Justice PREETI PREETI KUMARI KUMARI Date: Order on Board

2026.01.21

13:09:55 +0530

15.01.2026

1. This criminal revision is directed against the order dated 19.09.2019 passed by the Learned Additional Sessions Judge (FTC), Bemetara, District - Bemetara (C.G.), in Special Case No. 55/2019. By the said order, the applicant’s application filed under Section 27 read with Section 36(3) of the Juvenile Justice (Care and Protection of Children) Act, 2012 was rejected. Through the said application, the applicant prayed that the matter be referred to the Juvenile Justice Board for an inquiry into his age, contending that he was a minor on the date of the offence and, therefore, liable to be treated as a juvenile. The applicant further prayed that the case be sent for trial before the Juvenile Justice Board/Court in accordance with law. However, the learned Trial Court rejected the said application.

2. Brief facts necessary for disposal of this revision are that on 10.04.2019, a First Information Report was lodged by the father of the victim, namely Prem Singh, alleging that he and his wife used to travel to Pune (M.H.) for labour work, during which period the victim generally stayed at home with her grandparents. On 08.04.2019, upon returning from Pune, the parents of the victim had to attend the wedding of a relative. After attending the wedding, when the parents returned home, they did not find the victim there. Upon enquiry, her grandparents informed them that the victim had left the house on 07.11.2018 and had not returned thereafter. On the next day, i.e., 09.04.2019, the victim returned home and narrated the entire incident to her parents. The victim informed her parents that she had been in a relationship with the applicant for a long time and that on 07.11.2018, the applicant came to her house and asked her to elope with him so that they could marry. Thereafter, the victim went with the applicant to his village, Mohtara, and subsequently both of them went to Kanpur (U.P.), where they stayed for some time. During their stay at Kanpur, the victim developed physical relations with the applicant and subsequently became pregnant. After some time, the victim returned to her parental home without informing the applicant. Thereafter, on the basis of her statement, an FIR was registered against the applicant under Sections 363, 366, 376, and 506 of the Indian Penal Code and Sections 6 and 12 of the Protection of Children from Sexual Offences Act, 2012, registered as Crime No. 184/2019 at Police Station Bemetara.

3. Pursuant to the registration of the FIR dated 10.04.2019, the applicant was arrested and sent to judicial custody. Thereafter, the father of the applicant filed an application under Section 27 of the Code of Criminal Procedure read with Section 36(3) of the Juvenile Justice (Care and Protection of Children) Act, 2005 before the learned Additional Sessions Judge (FTC), Bemetara, contending that the applicant’s date of birth is 17.03.2001 and that he was below 18 years of age (17 years, 7 months, and 21 days) at the time of the alleged incident. It was further submitted that, being a juvenile, the applicant ought to have been sent to an Observation Home instead of being lodged in jail, as detention in prison with adult offenders would adversely affect him. However, the learned Trial Court dismissed the said application, despite considering the applicant’s date of birth as reflected in the birth certificate and other relevant documents. Hence, the present rev