Debasish Kar Gupta. J. - (1.) This is an application filed under section 397 read with section 401 Cr. P.C. assailing order No.6 dated September 7, 2016 passed in Criminal Misc. Case No.56 of 2016 by the learned Special Judge of the Special Court constituted under section 14 of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the said Act of 1989') for Andaman and Nicobar Islands.
(2.) The facts of the case are set out in nutshell:- Initially, a proceeding bearing Spl. Case No.30 of 2016 arising out of Nancowry P.S. FIR No.06 o 2016 dated June 4, 2016 was initiated before the court of Additional Special Judge at Port Blair constituted under the provision of section 28 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the said act of 2012) under section 4 of the said Act of 2012 read with sections 363/376(a)(i) IPC, against the petitioner. A prayer for adding sections 3(2)(v) of the said Act of 1989 was rejected by the learned Special Judge (POCSO) by an order dated June 22, 2016. Subsequently, a Crl. Misc. Case No.56 of 2016 was initiated by the learned Special Judge of the Special Court created under the said act of 1989 on the basis of an application dated June 24, 2016 filed by the Investigating Officer of Nancowry Police Station being Case Crime No.06 of 2016 dated June 4, 2016 initiated under section 4 of the said Act of 2012 read with sections 363/376(2)(i) IPC and section 3 of the said Act of 1989. By virtue of the impugned order the learned Judge came to a conclusion that in would be fair for the victim as also for the accused for holding the trial of the case having offence both under the said Act of 2012 and said Act of 1989 in the court specified for holding trial for the persons belonging to Scheduled Castes and Scheduled Tribes.
(3.) I have heard the learned advocates appearing for the respective parties at length and I have given my anxious thoughts to the facts and circumstances of this case. It is not in dispute that the victim girl is below 12 years of age. It is also not in dispute that the victim girl belongs Scheduled Tribe community. It is also admitted fact that the two Special Courts have been constituted separately for trial of the commission of cognisable offences against the persons belonging to Scheduled Castes and Scheduled Tribe community and the children below the age of 18 years respectively. The only dispute which requires to be resolved in this case is to find out the appropriate Court, amongst the two Special Courts created under the provisions of the aforesaid to Acts, which is competent to deal with the case under reference.;