STATE OF U P Vs. PHOOLMATI

JUDGEMENT

(1.) SMT. Phoolmati was charged for an offence under S. 302 I. P. C. for having committed the murder of her husband at 11 p. m. on 2nd November, 1974. She pleaded not guilty. Witnesses were examined in support of the prosecution case. In her statement, the accused gave out that she was 15 years of age. 14-6-76 was fixed for defence evidence. The State Counsel moved an application in court for making inquiries with regard to her age with the intention of scrutinizing whether U. P. Children Act, 1952, would be applicable to the present case. The statements of Dr.B. K. Sharma, CMO & Dr. R. Prakash Radiologist, who examined the accused, were recorded. In view of the medical evidence, it appears to be clear that the age of the accused on the date of her examination i.e. 16-7-76 was about 17 years. There can be a difference of about 5-6 months on either side. The occurrence had taken place on 2-11-74, on which date the accused was arrested. Thus, according to the evidence on the record the age of the accused on the date of her arrest would be somewhere about 15 years.

(2.) UNDER the U. P. Children Act, 1952, Sec. 2 Clause (4), Child means "a person under the age of 16 years." Thus there can be no doubt that on the date of her arrest, the accused was a child within the meaning of the Act. This reference has been made by the Sessions Judge, Kanpur for the purpose of eliciting directions of this court regarding the forum of trial of the accused.

(3.) THE jurisdiction of the courts, mentioned above to try juvenile offenders is not dependant upon the quantum of punishment, which may be prescribed under the Indian Penal Code for any particular offence. Whether an offence is punishable with death or transportation for life or whether it is punishable with a few years rigorous imprisonment and fine under the provisions of Indian Penal Code, is not at all material for determining the jurisdiction of the courts authorised to try offenders under the Childrens Act. All types of offences are covered and triable under the provisions of the said Act. THE only criterion for applying the Children Act is that the offender must be a child i. e. below 16 years of age. Section 75 of the Children Act runs as follows:-