STATE OF GUJARAT Vs. KOLI BABUBHAI VIRJIBHAI

JUDGEMENT

(1.) Present Criminal Revision Application has been preferred by the applicant - State of Gujarat to quash and set aside the impugned order dated 02.08.2010 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Palanpur below Exh.28 in Special Case No.44/2009, by which the learned trial Court has allowed the said application submitted by the respondent - co -accused to transfer the trial to juvenile Court so far as he is concerned.

(2.) That offence came to be registered against the respondent herein - co -accused alongwith other accused persons punishable under Section 363, 366, 376(2) of the Indian Penal Code, 1860 (hereinafter referred to as IPC). After the investigation, all the accused persons came to be charge -sheeted and the case was committed to the Sessions Court and the trial was going on before the learned trial Court. That during the course of the trial, respondent herein co -accused submitted the application Exh.28 to the effect that he was minor at the time of commission of offence and therefore, his case was required to be referred to Juvenile Court. In support of his case that he was minor at the relevant time, respondent relied upon the school leaving certificate wherein his date of birth was mentioned as 01.06.1991. That the said application was opposed by the State by submitting that as per the certificate issued by the Gram Panchayat, under the provisions of Birth and Death Registration Act, produced at Exh.48, his date of birth is 26.12.1989 and therefore, at the relevant time when the offence was committed, he was major. Despite the above, the learned trial Court passed the impugned order accepting the case on behalf of the respondent relying upon the school leaving certificate and held that at the relevant time the respondent was minor and therefore, passed an order to transfer the case against him to the Juvenile Court. Being aggrieved and dissatisfied with the impugned order, the State has preferred the present Criminal Revision Application.

(3.) Though served, nobody appears on behalf of respondent.