ASHOK JESANG Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner was the accused in Sessions Case No. 43 of 1980. He had submitted an application-Exh. 6 which was decided on 7/10/1980 and the Judicial Magistrate First Class Okhamandal- Dwarka was directed to determine the age of the accused. The learned Magistrate was also directed to decide as to whether the Saurashtra Children Act was applicable to the accused or not. The Learned Magis- trate by his order dated 31-12-1980 came to the conclusion that the age of the accused was between 17 and 18 years. However he came to the conclusion that as the offence was committed in Dwarka the Sau- rashtra Children Act would not be applicable and the accused would be governed by the Bombay Children Act.

(2.) It may here be stated that the Learned Magistrate examined as many as five witnesses and on facts he came to the conclusion that the age of the accused was between 17 and 18 years.

(3.) We have gone through the evidence and it clearly appears that the view taken by the Learned Judicial Magistrate First Class is correct. The reason is that the Learned Judicial Magistrate came to the conclusion that Narain the brother of the accused was born on 3-9-1960 and the accused was younger by about two years and therefore he must have been in the year 1962. The offence was committed on 27-6-1979 and Therefore on that date the accused was above 16 years of age. Therefore the finding of fact that the accused was between 17 and 18 on the date of the offence cannot be challenged by this Criminal Revision Application. That finding is therefore required to be maintained.