Sunder Kisan vs State Of Odisha

S.K. Sahoo, J

This matter is taken up by video conferencing mode.

This is an application for condonation of delay. The S.R. has pointed out that there is delay of forty one days in filing this revision petition.

After perusing the grounds taken in the delay condonation application and on hearing the learned counsel for both the parties, I am inclined to condone

the delay in filing the revision petition.

Accordingly, the delay is condoned. I.A. is disposed of.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the Stamp Reporter within a week.

In this revision petition, the petitioner Sunder Kisan who is the informant in Mahulpali P.S. Case No.145 of 2020 which arises out of ICC Case No.01

of 2020 from the file of learned Judge, Special Court â€"cum- 2nd Addl. Sessions Judge, Sambalpur has challenged the impugned order dated

10.09.2020 passed in Special G.R. Case No.419 of 2020 in which the learned Court has accepted the prayer made in the application filed by the I.O.

to omit section 6 of the POCSO Act noted in the F.I.R. on the ground that the victim was major as per the School Admission Register as on the date

of occurrence and directing return of the first information report and connected documents to the I.O. with an intimation to Superintendent of Police,

Sambalpur giving liberty to file the case before the appropriate Court.

Learned counsel for the petitioner submitted that the date of birth as mentioned in the birth certificate of the victim which is annexed to this revision

petition under Annexure-2 issued by the Registrar (Birth and Death) -cum- Medical Officer, C.H.C., Garposh, Sambalpur is 10.03.2003 and therefore,

as on the date of occurrence which is 02.03.2020, the victim was minor. He further submits that even though the said birth certificate was brought to

the notice the investigating officer but without considering the same, basing on a wrong entry made in the School Admission Register of the victim, the

I.O. made a prayer before the concerned Court to omit section 6 of the POCSO Act from the F.I.R.

At this stage, learned counsel for the State submits that he intends to obtain instruction as to whether the I.O. has taken into account the birth

certificate of the victim or not. If the same has not been done, the investigating officer shall make proper investigation in that respect and properly

verify as to on what basis in the School Admission Register, the date of birth of the victim has been mentioned and which entry is the correct one.

As prayed for, list this matter on 15.07.2021.

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