JUDGEMENT
W.DIENGDOH,J. -
(1.)Vide Order dtd. 16/9/2019, the learned Special Judge (POCSO), Shillong has taken note of an enquiry report of the Juvenile Justice Board, the subject matter of the enquiry was to ascertain the actual age of the accused/petitioner herein, so as to enable the Court to either try his case by itself or if he is found to be below 18(eighteen) years, to be forwarded to the Juvenile Justice Board. The reason for preferring the matter of age determination before the Juvenile Justice Board is that the Baptism certificate and School certificate of the accused/petitioner shows that he was born on 2/6/1999, while the ossification test proved that he was between 17 to 18 years. The Learned Special Judge on being convinced that the accused/petitioner was 18 years 3 months and 7 days on the date of his arrest, that is, 17/9/2017 has treated the accused/petitioner as an adult and charge sheet was accordingly filed before the Special Court POCSO.
(2.)Being aggrieved and dissatisfied with the impugned order dtd. 16/9/2019 referred to above, the petitioner has approached this Court with this petition under Sec. 482 Cr.P.C. seeking to invoke the inherent power of this Court to correct what has been termed as an abuse of the process of law.
(3.)Before proceeding further, the background of the case as could be seen from the petition in hand, as well as from the records of the Trial Court is that an FIR dt.16/9/2017 was lodged by one Smti Iohsuklang L. Marbaniang who has informed the Officer-In-Charge, Madanriting P.S that in the month of February 2017, the accused/petitioner took advantage of her minor sister who is about 14(fourteen) years for which she took her sister to the PHC, Smit and then requested the police to do the needful.
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