IN RE: KARALAN AND OTHERS Vs. STATE

JUDGEMENT

(1.) THIS reference under Section 438 Crl. P. C,, has been made by the Additional Sessions Judge, Tiruchirapalli under the following circumstances.

(2.) IN P. R. C. No. XVI of 1971 on the file of the Sub Magistrate III, Tiruchirapalli, three accused were committed to take their trial before the Sessions Court for offences under Sections 302 and 323 I. P. C. At the instance of the Additional Sessions Judge, A -2 Periaswami was radiologically examined and found to be below 18 years and above 17 years, and consequently a "young person" within the meaning of S. 3 of the Madras Children Act. The Sessions Judge, while pointing out that the committal of the juvenile accused is illegal, because it is contrary to the provisions of the Madras Children Act, has expressed his doubt that the committal of the adult accused is also liable to be quashed, because they have been jointly committed along with the juvenile accused.

(3.) AS regards the legality of the committal of the adult accused, the doubt that has assailed the learned Sessions Judge is without substance. S. 38(B)(1) of the Act places an embargo only upon a juvenile being charged with or tried for any offence along with an adult. There is nothing in the section which interdicts an adult being charged with or tried for any offence together with a juvenile. There is, therefore, no ground for quashing the committal of accused 1 and 3. I accept the reference partially and direct that the committal of the second accused alone be quashed.