Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 2202 PW 2022 State Vs Sanjana and ors.
CNR No.MHMM18-010159-2022
FURTHER ORDER BELOW EXH.1
1. The present final report is filed in connection with of offences
registered under Section 364-A, etc. of Indian Penal Code, the principal
offence of which is triable by Court of Sessions, against three persons
named as Ms. S (Name withheld), Mr. Ajay Mahipati Jadhav and Mr.
Foremen Himasaj Saini. Cognizance already taken.
2. All these persons are in magisterial custody and are in jail. During
remand proceedings, before filing of charge sheet, Ms. S, applied before
this court for her transfer to Juvenile Justice Board, claiming that when
incidence occurred she was minor i.e. Juvenile in Conflict With Law. Her
prayer was rejected by this court on 15.09.2022, for the reasons
mentioned in the order passed on the said date.
3. Now charge sheet is filed. Jail authorities sent this letter, Exh.4, and
copy of Ossification Test Report, Exh.5, carried out by Department of
Forensic Medicine, Grant Government Medical College and Sir J.J.
Hospital Mumbai along with other documents, including birth certificate,
Exh.6, of Ms. S. By this letter Jail Authorities informed that during the
detention of said Ms. S, they carried out the test after noticing her
physical appearance and found that the said person is minor, below the
age of 18 years and therefore, necessary orders shall be passed.
4. Heard Ld. A.P.P. Perused record. The final report/charge sheet
reflects that the alleged incidence occurred between 18.07.2022 to
20.07.2022. The Ossification Test Report, Exh.5, shows that the age of
Ms. S, on 08.08.2022, is between 17 years to 18 years when test was
carried out. The copy of birth certificate, Exh.6, also reflects that her date
of birth is 15.02.2007. It means from the cogent documents produced
now, it is clear that till the date of Ossification Test, i.e. 08.08.2022 and
till today, Ms. S, is below the age of 18 years. It can be said that when
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C. C. No. 2202 PW 2022 State Vs Sanjana and ors.
CNR No.MHMM18-010159-2022
alleged offence was committed she was minor i.e. child in Conflict With
Law. She can not be prosecuted before regular court. She needs to be sent
to Juvenile Justice Board, to follow further procedure.
5. It is also necessary to mention that, before the date of lodging of
the First Information Report, at about two years ago the first informant
maintained physical sexual relations with said Ms. S. Now it is transpired
that till date said Ms. S, is minor as such the acts of informant of
maintaining physical relations with her were in violation of provisions of
Protection of Children from Sexual Offences Act 2012. Thus, it can be
said that the offences punishable under provisions of Protection of
Children from Sexual Offences Act 2012, might have been transpired to
be committed. Certain directions in that regard to investigate the matter
are also necessary as informant himself admitted this fact in First
Information Report, itself.
6. In addition to it, so far as remaining two accused persons Mr. Ajay
Mahipati Jadhav and Mr. Foremen Himasaj Saini, are concerned, the
compliance of Section 207 of Code of Criminal Procedure, is already
done. They are duly represented by advocate. The matter needs to be
committed for trial to Sessions Court. Accordingly, following order -
ORDER
a. Mrs. Vaishali Chavan, Police Inspector, Dharavi Police Station,
Mumbai, Investigating Officer of C. R. No. 986/2022, registered with
Dharavi Police Station, Mumbai, under Sections 364-A, etc. of Indian
Penal Code, is directed to immediately produce Ms. S, before concerned
Juvenile Justice Board, Mumbai.
b. Issue production warrant accordingly through Mrs. Vaishali
Chavan, Police Inspector, Dharavi Police Station, Mumbai, Investigating
Officer of concerned police station to concerned jail authorities, to
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C. C. No. 2202 PW 2022 State Vs Sanjana and ors.
CNR No.MHMM18-010159-2022
produce Ms. S, before Juvenile Justice Board, Mumbai, and obtain
necessary orders about transfer of custody from jail to other place.
c. The Investigating Officer is directed to investigate the matter
further, collect evidence and find out the possibility of invocation of
provisions of Protection of Children from Sexual Offences Act, 2012,
against first informant and immediately act accordingly in view of the fact
that the victim turned out to be child within the meaning of said Act, and
take action as per law on the basis of material collected.
d. The Investigating Officer Mrs. Vaishali Chavan, Police Inspector,
Dharavi Police Station, Mumbai, is directed to report the compliance of
both the above directions.
e. So far as remaining two accused persons, Accused No.2, Mr. Ajay
Mahipati Jadhav and Accused No.3, Mr. Foremen Himasaj Saini, are
concerned, the case is committed to the Court of Session.
f. The accused persons, Accused No.2, Mr. Ajay Mahipati Jadhav and
Accused No.3, Mr. Foremen Himasaj Saini, are remanded to Magisterial
Custody until commitment of the case and also during and until the
conclusion of trial before the Court of Session vide Section 209 (a) and
(b) of the Code of Criminal Procedure.
g. The Jail Authorities are directed to produce the accused persons,
Accused No.2, Mr. Ajay Mahipati Jadhav and Accused No.3, Mr.
Foremen Himasaj Saini, in custody before the Court of Session on
receiving production warrant from that Court in Form No.IV, Chapter
XXXIII of the Criminal Manual or on or before 01.12.2022, if such
warrant not received.
h. The record of the case, the documents and articles, which are to be
produced in evidence, shall be sent to the Court of Session.
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C. C. No. 2202 PW 2022 State Vs Sanjana and ors.
CNR No.MHMM18-010159-2022
i. The Police Station Officer, Dharavi, Mumbai, be directed to
produce muddemal property in the Court of Session on or before
01.12.2022, positively.
j. The Public Prosecutor shall be notified of the commitment of the
case to the Court of Session.
k. Matter is kept on 17.11.2022, for report of compliance of above
directions and sending matter to Sessions Court for trial of remaining
accused persons.
l. Copy of this order along with the letter and documents sent by Jail
Authorities be sent to Mrs. Vaishali Chavan, Police Inspector, Dharavi
Police Station, Mumbai, Investigating Officer of C. R. No. 986/2022,
registered with Dharavi Police Station, Mumbai and Juvenile Justice
Board, Mumbai and Jail Authorities along with production warrant.
MUMBAI (KOMALSING RAJPUT)
DATE – 03.11.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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