THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA

ORDER:

This Criminal Petition is filed by the petitioner-accused seeking to quash the proceedings in SC (POCSO) No.29 of 2024 on the file of the Principal District and Sessions Judge, Asifabad, for the offences under Sections 64(2)(m), 65(1) of BNS and Section 6 of the Prevention of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).

2. Heard Sri S. Surender Reddy, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent-State.

3. Learned counsel for the petitioner has submitted that the complaint is filed with a delay of one year and the reason for the delay is not explained by the complainant and that the age of the accused as on the date of offence is less than 18 years and he is a minor and that the provisions under the Juvenile Justice Act has to be invoked against the accused, but the prosecution has made an error in filing the case for the offences under BNS and that the petitioner cannot be prosecuted as an adult. He further submitted that while calculating the age of the victim, the prosecution has taken the date of offence i.e. Octobe