Page No.# 1/3 GAHC010073672025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./420/2025 MINHAJUL HOQUE S/O- HANIF ALI, VILL- BILASHPUR, P.S DHALIGAON, DIST- CHIRANG, BTC, ASSAM, PIN- 783385 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SMTI. ANU DEY W/O SRI SHAMIR DEY VILL- T.R. PHUKAN ROAD WARD NO. 2 P.S. AND DIST- BONGAIGAON ASSAM PIN-78338 Advocate for the Petitioner : MR. A M AHMED, P. GHOSH,B DAS,MRS S RAHANA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 13.05.2025 Heard Mr. A.M. Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, the learned Addl. Public Prosecutor, Assam. 2. This application has been filed under Section 528 of the BNSS, 2023 r/w Article 227 of the Constitution of India in respect of Special (POCSO) Case No.16(BGN)/2019 pending in the court of learned Special Judge (POCSO), Bongaigaon, Assam. 3. The issue involved in this criminal petition, is the age of the victim girl. The father of the victim girl produced a birth certificate in support of the age of is daughter. The said birth certificate was issued from the state of West Bengal. Therefore, the present petitioner Minhajul Hoque, being the accused in the trial court prayed before it to call for the authority who issued the said birth certificate. The learned trial court rejected the said prayer on the ground that it will delay the disposal of the case. 4. The trial court also considered the fact that the original birth certificate has been produced by the father of the victim. 5. I have considered the submissions made by the learned counsel of both sides. 6. In a case under the POCSO Act, the age of the victim is very important. Therefore, the court has to come to a definite finding regarding the age of the victim girl. 7. For that matter, the trial court can rely upon the educational documents, like- Page No.# 3/3 Matriculate Admit Card, or other educational documents. The trial court might be correct that calling for the authority from West Bengal would delay the disposal of the case. Therefore, the trial court is directed to rely upon the educational documents of the victim girl to come to a finding about the age of the victim girl. 8. With the aforesaid direction, the order dated 17.12.2024 passed by the learned Special Judge (POCSO), Bongaigaon in Special (POCSO) Case No.16/2019 is set aside. The trial court shall act according to the direction of as mentioned hereinabove. With the aforesaid direction, the present criminal petition stands disposed. JUDGE Comparing Assistant