Excelsior Correspondent
Srinagar, July 13: High Court quashed the order of trial court declaring the accused involved in commission of rape as major and directed for constitution of medical board to examine the age of the accused at the time of commission of offence.
The petitioner-Murtaza Tariq, who is facing trial in FIR No.44/2018 registered in Police Station, Kreeri, Pattan for offences under Section 376 RPC and Section 4 of Protection of Child from Sexual Offences Act, 2012, claims juvenility and feels aggrieved of the orders dated 07.12.2018 and 02.02.2019, both passed by the Court of learned Sessions Judge, Baramulla.
In terms of order dated 07.12.2018, the Trial Court with a view to ascertain his age and dispose his claim of juvenility referred the petitioner-Tariq to a medical board for determination of his age and the trial court, upon receipt of the report/medical opinion from the board of doctors, has rejected his plea of juvenility and has held him major at the time of commission of offence.
It was only when adverse opinion by the Medical Board was received by the court and pursuant thereto, the petitioner’s plea of juvenility was rejected by the trial Court vide order dated 02.02.2019, the petitioner-Tariq thought of challenging the basic order.
“…I find merit in the submission of counsel for the petitioner that the opinion of the Medical Board was neither definite nor reliable and, therefore, it was not proper for the trial Court to accept the same and declare the accused not a juvenile under the Act”, Justice Sanjeev Kumar said and partly allowed the petition by upholding the impugned order dated 07.02.2019 and setting aside the impugned dated 02.02.2019 passed by the trial court.
The Court directed the Chief Medical Officer Baramulla for the constitution of a fresh medical board consisting of a Physiologist, a Dental Examiner and a Radiologist or Forensic Expert of whom one shall be notified as Chairperson.
“All the members of the Medical board shall examine the petitioner and give their individual findings on age, which shall then be forwarded to the Chairperson of the Board to give his final opinion on the age within a margin of one year”, Justice Kumar directed.
Court rejected the opinion of the earlier medical board and said once the trial Court referred the petitioner to the Medical Board for its opinion with regard to his age, it was incumbent upon the Medical Board to follow the procedure, as laid down in Rules governing the field.
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