$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5409/2025 & CRL.M.A. 23237/2025, CRL.M.A.

23238/2025 NP .....Petitioner Through: Mr. Adv. (appearance not given)

versus STATE (GOVT OF NCT OF DELHI) .....Respondent Through: Ms. Richa Dhawan, APP with W/PSI D. Eloziia. CORAM:

HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 28.11.2025 CRL.M.C. 5409/2025

1. This is a petition impugning the order dated 02.06.2025 and

04.06.2025 with the following prayer:

It is, therefore, most respectfully, prayed that this Hon’ble Court may kindly be pleased to:-

I. allow the present petition and set-aside the order dated

02.06.2025 passed by Ld. Special Trial Courts of MS. Shivani Chauhan, Ld. ASJ (FTSC POCO), (South-East), Saket Court, New Delhi and the order dated 04.06.25. passed by the Ld. District & Sessions Judge (South-East), Saket Court, New Delhi in criminal case No.278/2025, F.I.R.No-91/2025, U/s 376 of IPC & 6 of POCSO Act of P.S. Hazarat Nizamuddin, New Delhi in case titled as 'State v/s Hemant Kumar.

II. Set aside or expunge the opinion of medical boards of Safdar Jung Hospital on ossification test of the petitioner conducted on 22.04.25 as relied upon by the Ld. Special Trial Courts of MS. Shivani Chauhan, Ld. ASJ (FTSC POCO), (South-East), Saket Court, New Delhi in criminal case No.278/2025, F.I.R.No-91/2025, U/s 376 of IPC & 6 of POCSO Act of P.S. Hazarat Nizamuddin, New Delhi in case titled as 'State v/s Hemant Kumar being erroneous, unreliable, and contrary to the matriculation certificate of the prosecutrix for the Board Examination-2022, which conclusively establishes the petitioner's date of birth as

02/02/2008.

III. Direct the learned Special Trial Court not to rely upon the medical opinion of the ossification report in determining the age of the appellant, and instead, to accept the matriculation certificate as the authoritative and conclusive proof of age m accordance with the law.

IV. Stay the proceedings before the Ld. Court of Sh. Pranjal Anjeja, Ld. Addl. Session Judge (SC-RC), (South-East) Saket court, New Delhi, in criminal case No.278/2025, F.I.R.No-91/2025, U/s 376 of IPC & 6 of POCSO Act of P.S. Hazarat Nizamuddin, New Delhi in case titled as 'State v/s Hemant Kumar Ld. Trial court of V. Call the trial court record from office of Ld. Sh. Pranjal Anjeja, Ld. Addl. Session Judge (SC-RC), (South-East) Saket court, New Delhi, in criminal case No.278/2025, F.I.R.No-91/2025, U/s 376 of IPC & 6 of POCSO Act of P.S. Hazarat Nizamuddin, New Delhi in case titled as ' State v/s Hemant Kumar and remand back the matter back to Special courts for a fresh enquiry specially to ascertain the accurate age VI. Any other or further relief be granted in favour of the Petitioner/accused and against the respondent/complainant as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2. The Ld. Counsel for the petitioner submits that the Ld. Trial Court did not follow the statutory procedure prescribed under Section 94 of JJ Act in conducting the enquiry with regard to the age determination of the prosecutrix.

3. Issue notice. Notice is accepted by the Ld. APP appearing for the State who seeks time to file status report. Status report be filed on or before the next date.

4. Re-notify on 18.12.2025 before the roster bench.

RAVINDER DUDEJA, J NOVEMBER 28, 2025/lks/ak