KISHAN RAM Vs. STATE OF UTTARANCHAL AND OTHERS

JUDGEMENT

(1.) This criminal revision has been filed with the prayer to set aside the order dated 20.01.2005 passed by Chief Judicial Magistrate, Almora in criminal case no. 362 of 2004 whereby the learned Magistrate ordered to level charge of Section 224 IPC against revisionist Kishan Ram.

(2.) Having heard learned counsel for the revisionist and learned Brief Holder, it transpires that one Smt. Jeewanti Devi lodged an FIR on 03.04.2000 in Police Station Bageshwar informing that her daughter Km. Radha, a student of VII Standard, is missing from her house. She apprehended that Km. Radha has been enticed away by revisionist Kishan Ram, son of Har Ram. The girl was missing since 01.04.2000. This FIR bore the crime no. 2 of 2000 under section 363, 366 IPC.

(3.) Police in order to work out the matter made investigation and name of revisionist was found as perpetrator of the crime. Revisionist Kishan Ram was apprehended by the police and was being carried for medical examination but he escaped from the custody of police Constable Chawan Singh. On the information given by Constable Chawan Singh in Kotwali Almora, another FIR was lodged on dated 10.07.2000 under Section 224 IPC stating that accused revisionist escaped from the legal custody on 10.07.2000. The police made massive search of revisionist Kishan Ram. Revisionist Kishan Ram in order to evade the arrest by police surrendered on 27.07.2004 and sought bail. He claimed his date of birth as 07.08.1984, on the basis of High School Certificate, learned CJM, Almora granted him bail after surrender. It has been contended on behalf of the revisionist that he moved an application to the concerned Magistrate / Board to declare him juvenile on the basis of date of birth, which was mentioned in his Matriculation Certificate but the Magistrate did not dispose of his application so he was constrained to move criminal misc. application no. 347 of 2004 under Section 482 Cr.P.C. in this Court. This Court on 11.08.2004 directed the Chief Judicial Magistrate to record an opinion as contemplated under Section 7 of the Juvenile Justice (Care and Protection of Children) Act, 2000 before proceeding against the revisionist. This Section 7 envisages to record Magistrate's opinion regarding the age of the person claiming himself as juvenile or the child.