(Passed on 10.06.2021)

Appellant has filed the present appeal under section 14(A)(2) of

the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act

(for short 'the SC/ST Act') being aggrieved by the order dated

16.09.2020 passed by the Special Judge (SC/ST Act), Rajgarh

whereby the application filed by the accused seeking declaration that

he is “child in conflict with law” and his trial be sent to Board was

rejected.

Facts of the case in short are as under:

2.

An FIR was registered against the appellant under sections 363,

366, 376-B, 376(2) of the IPC read with section 5 & 6 of the

Protection of Children from Sexual Offences Act and 3(2)(v) of the

SC/ST Act and he was arrested. The investigation was completed and

charge sheet has been filed before the Special Session Judge . In the

charge sheet his age is declared as 19 years at the time of commission

of offence on 25.12.2019.

3.

Appellant/accused filed an application asserting that at the time

of commission of the offence he was below 16 years of age i.e.

juvenile, therefore, his trial be sent to the juvenile Court/ board. In

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