DWARIKA PRASAD Vs. STATE

JUDGEMENT

(1.) By this revision the accused-applicant Dwarika Prasad has challenged an order of II Additional Sessions Judge, Jaunpur dated 2-6-1990 in Sessions Trial No. 358/89, State v Gajraj and others .

(2.) By the impugned order the Sessions Judge has observed that at no stage prior to the making of the application disposed of by that order, the applicant had raised question of his age being below 16 years. He has emphasised that when the charges were framed the applicant did not come out with the said plea. He has further recorded a finding that the trial had begun and where the case was fixed for prosecution evidence that the said application was moved. Initially it was said the application was below 13 years and, therefore, he was a child. A contrary finding having been recorded on 12-4-1990, the present application was moved pleading applicability of the provisions contained in Juvenile Justice Act. The learned trial Judge, has held that but for a photostat copy of alleged Transfer Certificate of School no other proof, evidence or document had been filed to indicate that the applicant could be below 16 years. He further held that the said photostat copy was neither duly proved nor was it authenticated in any manner. Consequently by the impugned order the trial Judge has directed that the trial would proceed in accordance with law and if evidence is led during the trial indicating the age of the applicant to be below 16 years, orders under Sec. 26 of the Juvenile Justice Act would be passed at the appropriate stage.

(3.) There is no error in the view taken. This revision is consequently dismissed.