Kalidas Mukherjee, J. - (1.) This is an application under Section 397 read with Section 401 of the Code of Criminal Procedure assailing the order dated 09.7.2008 passed by learned Additional Sessions Judge, Fast Track Court (5th Court), Malda in Sessions case No. 243 of 2007.
(2.) Malda P.S. Case No. 114/05 dated 03.6.2005 has been initiated on the basis of a complaint lodged by the victim girl with the I.C. Malda P.S. It has been stated in the complaint that the complainant, a student of class VIII, developed love affairs with the petitioner who was studying in Class XII in the year 2005 and on 28.5.2005 while the complainant was returning home from the school, she met the petitioner and his mother on the way. The mother of the petitioner left the place asking them to come to her house. After the departure of the mother of the petitioner they started gossiping and reached a nearby field. The petitioner with the promise of marriage committed rape upon the victim. The said promise subsequently did not materialise inspite of holding village salish. The mother of the petitioner denied such proposal. For the said reasons the complaint was lodged. After investigation the charge sheet was submitted. On the date of framing of charge the accused/petitioner filed an application with a prayer to consider the aspect that the petitioner was, admittedly, a juvenile on the date of the alleged offence and, as such, the petitioner was required to be tried by Juvenile Court. The accused/petitioner filed documents to prove his minority. The learned Additional Sessions Judge vide order dated 09.7.2008 rejected the application filed by the petitioner holding that accused Biplab Hansda was not juvenile on 28.5.2005, that is, the date of occurrence.
(3.) Being aggrieved by the said order passed by the learned Additional Sessions Judge, the accused/petitioner has filed the instant application.;