SESSIONS JUDGE KALPETTA Vs. STATE

JUDGEMENT

(1.) This reference is made by the learned Sessions Judge, Kalpetta. In a Sessions Case before him, a juvenile, aged below 15 years, stands charged with offences punishable under S.450, 376 and 506(ii) of the Penal Code and also under S.3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, hereinafter referred to as "the 1989 Act". The question referred is whether the said juvenile is to be tried by a Sessions Court or by the Court established under the Juvenile Justice Act, 1986, hereinafter referred to as "the 1986 Act".

(2.) The allegation made by the prosecution against the juvenile, who has been brought to Court as the accused, is that on 8-1-1993 at about 5.00 P.M. he criminally trespassed into the house of one Sandhya, aged 14 years, who is a member of the Scheduled Tribe, threatened her with death and then committed rape on her.

(3.) Since the accused brought before the Sessions Court is aged only 15 years, he is a "juvenile" as defined under the 1986 Act. As per that Act, the offences committed by the juvenile should be inquired into by a Juvenile Court and he is not to be tried by any court. S.39 of the 1986 Act deals with the procedure in inquiries, appeals and revisions arising from the decision of the Juvenile Court. As per the provisions of the 1986 Act, the offender who has been brought before the Sessions Court can only be proceeded against by a Juvenile Court, established under the 1986 Act.