STATE OF MAHARASHTRA Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition coming on for hearing on this day upon perusing the petition, and the 26-3-90 Judgment of the lower Court and the records in the case, and. upon, hearing the arguments of Mr. R. Shankara Subbu Advocate for the petitioner, and of Mr. G. Krishnamurthy Additional Public Prosecutor on behalf of the Respondent and having stood over for consideration till this date the court made the following order.This is the second time that the petitioner herein, claiming himself to be a juvenile, has knocked at the door of this court, challenging the finding of the Court below, that he was not a juvenile, when the occurrence is stated to have taken place.

(2.) A few facts leading to the filing of this revision will have to be necessarily stated. The petitioner is the sole accused in SC. No. 24 of 1989 on the file of the Second Additional Sessions Judge, Madras. The offence alleged against him are punishable under Sections 302,448 and 392 of the Indian Penal Code. The occurrence had taken place on 22-8-1988. The petitioner claims the, the was less than 16 years of age on 22-8-1988, while the prosecution would have it that he was above 16 years.

(3.) The petitioner preferred a petition before the Trial Judge to fix his age. The learned Judge directed the Radiologist attached to the Government Royapettah Hospital, to examine the petitioner. Accepting the report of the Radiologist, who had examined the petitioner and expressed his opinion that he was aged above 17 years, the age of the petitioner was fixed as 16 years and 4 months.