2025:CGHC:61977 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1111 of 2025 ABC, Juvenile In Conflict With Law ... Applicant.

versus State Of Chhattisgarh Through District Magistrate, Raigarh, District Raigarh, Chhattisgarh.

---- Respondent -----------------------------------------------------------------------------------------

For Applicant : Mr. Amit Sharma, Advocate.

For the State : Ms. Sunita Manikpuri, Dy. GA.

For Complainant/Victim : Mr. Hari Agrawal, Advocate.

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Hon'ble Shri Arvind Kumar Verma, Judge

Order on Board

08.12.2025.

1. With the consent of the parties, matter is heard finally.

2. Challenge in this criminal revision is to the order dated 21/05/2025 passed by learned Juvenile Court/Additional Session Judge/Fast Track Special Court (P.O.C.S.O Act), Raigarh, District Raigarh, Chhattisgarh in Criminal Appeal No. 34/2025, whereby the appeal preferred by the petitioner herein against the order dated

05.03.2025 has been rejected.

3. Relevant facts for disposal of this revision is that the complainant/victim (born on 10/05/2005) has preferred a report/complaint before Police Station -Chakradhar Nagar, Raigarh, stating therein that her friend Firoza Khan used to visit her house and through Firoza Khan she (victim) came into contact of the present applicant. In the month of August, 2020, she (victim) met with the applicant since then she was pressurized by the applicant for keeping cordial relation with him, he intended to marry with her. The victim had informed the applicant when she will be major with consent of her family she will enter into a marriage with him. On 19.09.2020, when there was no one in the house of victim, applicant visited her house and committed rape with her on the pretext of marriage. As applicant has promised the victim for marriage, she told no one about the alleged incident, after which, multiple times the applicant committed rape with her even in a hotel namely White Rose situated at Kotra Road, Raigarh on the pretext of marriage. The last incident of rape was committed with victim on 13/07/2024. When the family of victim came to know about the relation of the applicant and victim, they asked the applicant to marry with victim, but now the applicant is denying for marriage with her. Based upon report, Crime No. 353/2024, for offence under Sections 64 (2) (m), 332 (b), 351 (2) of the Bharatiya Nyaya Sanhita and Section 06 of Protection of Children from Sexual Offences is registered against the applicant. The medical examination was done, the applicant was kept in detention and on 02/08/2024 documents with relation to arrest were prepared. During investigation, offence under Sections 3(2) (5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was added. The documents were prepared for trail of the applicant before the Juvenile Justice Board, Raigarh, but on 09/10/2024 the victim preferred an application for referring the Criminal Case no. 172/2024 to the competent criminal Court. On 05/03/2025, the application was allowed and the Juvenile Offence Case no.172/2024 was referred to the Additional Session Judge, F.T.C. (P.O.C.S.O.), Raigarh. Thereafter, the applicant preferred an appeal under Section 101(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 against the order dated 05/03/2025 passed by the Juvenile Justice Board Raigarh, however, on 21/05/2025, learned Court below dismissed the appeal of the applicant without properly appreciating the appeal of the applicant. Hence the present revision.

4. Learned counsel for the applicant submits that learned Court below ought to have appreciated that the victim had not preferred an application for reference of the case to the competent Court under any statutory provisions. On the date of first incident of rape, the applicant was minor aged about 16 years and 07 months. The age of the applicant was determined by the Author