SAHIB SINGH Vs. STATE

JUDGEMENT

(1.) Sahib Singh, petitioner, was challenged to face trial for committing the offences punishable under S. 302, IPC and S. 27 of the Arms Act for causing the death of one Mukesh by stabbing on 27-7-88.

(2.) During the pendency of the proceedings in the Court of the Metropolitan Magistrate, the petitioner claimed to be tried by a Juvenile Court, being below the age of 16 years on the date of commission of the offence. The prosecution contested the application by asserting that the petitioner was more than 16 years of age and as such, is liable to be proceeded with by the regular Court. By order dated 13-10-89, H.C. Goel, J. directed Shri P.D. Gupta, M.M. to hold an enquiry under S. 32 of the Juvenile Justice Act, as to whether the petitioner was a minor on the date of the commission of the offence or not. This order was passed while considering the petitioner's application for his release on bail.

(3.) In the enquiry proceedings, the prosecution produced three witnesses while the petitioner examined four witnesses to support his version. The learned Metropolitan Magistrate vide order dated 15-12-88, gave a finding that the petitioner Sahib Singh was above the age of 16 years and was not 'juvenile' on the date of commission of the offence. Feeling aggrieved of this order, the petitioner filed the appeal which was heard and disposed of on 12-5-89 by Shri M.R. Khan, A.S.J. Delhi, holding that he does not find any reason to differ from the finding recorded by the learned M.M. and that the petitioner at the relevant time was around 20 years of age.