ORAL JUDGMENT

This appeal under Section 14(A)(2) of the SC/ST (POA) Act is filed by the petitioner/accused No.1, who is facing trial for offences punishable under Sections 137(2), 351(2), 352, 64(m) read with Section 3(5) of the BNS, 2023, Sections 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Sections 6, 12, and 17 of the POCSO Act, 2012.

2. The prosecution alleges that on 04.07.2024, while the complainant was at home with his wife and three children, he woke up at 3:00 AM on 05.07.2024 to attend to a nature call and found that his minor daughter was missing. Suspecting the accused, the complainant lodged a First Information Report against him. The prosecution further alleges that the accused, after abducting the survivor, committed forcible sexual intercourse.

3. Heard the learned counsel for the appellant, the learned counsel for the respondent-State, and the learned counsel for respondent No.2 – complainant.

4. At the time of the incident, the survivor was 17 years and 7 months old, while the accused was 26 years old. The question of whether the survivor was a minor on the date of the incident is a matter to be determine