SEKHAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the 4th accused in S.C.249/1998 on the file of the court of session, Palakkad division. The case is pending before the additional sessions judge-IV. There are altogether four accused persons in the case. They were charged under Secs 201, 302 and 392 of Penal Code read with Penal Code 34. The offences were allegedly committed on 18.10.1992. All the accused persons filed applications before the court below requesting to transfer the case to the Juvenile Justice Board. They contended that they were juveniles on the date of the incident. The application filed by the petitioner was Crl.M.P.141/2007.

(2.) The learned additional sessions judge conducted an inquiry. Three witnesses were examined and five documents were marked in the inquiry. The learned judge found the petitioner and others juveniles in conflict with law as they were under 18 years of age on the date of the incident. But their request to transfer the case to the Juvenile Justice Board was refused. The learned judge stated that the case should be tried in his court in view of Sec. 20 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the 2000 Act). The refusal to transfer the case to the Juvenile Justice Board is challenged by the petitioner. He requests to quash the impugned order under Sec. 482 of Crimial P.C. He requests to transfer the case to the Juvenile Justice Board.

(3.) Heard the learned counsel for the petitioner. Heard the learned public prosecutor.