Order On Board

18/11/2021 Challenge in this revision under Section 397/401 of CrPC is to the order dated 28.3.2018 passed by the Special Judge (Atrocities), Kondagaon in Special Case No.01/2018 framing charges against the applicant under Sections 363, 366, 376(2)(i)(n), 506(B), 313 of IPC, Section 6 of Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act.

02. Learned counsel for the applicant submits that the Special Court (Atrocities) has no jurisdiction to deal with the present case as the applicant is a juvenile being aged about 17 years, and it can be tried only under the Juvenile Justice Act by the Children Court. Even otherwise, from the material on record including the FIR, statement of the prosecution under Section 164 of CrPC coupled with her conduct and her medical report, the charges framed against the applicant are not in accordance with law and as such, on the aforesaid grounds, the impugned charge framing order is liable to be set aside.

03. On the other hand, learned counsel for the State supporting the impugned order submits that the Court below has not committed any illegal