SANJAY BHISHMA KOSARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, by this application under sections 397 and 399 of Criminal Procedure Code takes exception to the order passed by the learned Additional Sessions Judgp, rejecting the application of the accused No. 3 (present applicant being accused No. 3) , for transferring his case for trial to the competent authority (Juvenile Court) , as the present applicant was "juvenile" at the time of the alleged offence.

(2.) Facts which are necessary for the decision of this revision petition can be stated thus : the applicant is accused in Sessions Trial No. 427/99 before the Third additional Sessions Judge, Nagpur for the offences punishable under sections 147, 148, 149, 302 and 307 of the Indian Penal Code. In all 7 accused are facing the trial. It is claimed that accused No. 3 i. e. present applicant was below the age of 16 years at the time of alleged commission of the offence; his date of birth being 4-2-1981. After considering the rival contentions of the parties and also provisions of Juvenile Justice Act, the learned trial Judge found that the application could not be granted as according to him, the accused had stated his age to be 19 years before the police and, therefore, his case was committed to the Sessions Court for trial. Further according to him, in view of the judgment of the Apex Court, there is no scope to say that the age of applicant, that is material; should be considered as on the date of offence. Further according to him, as the accused did not raise the plea of his age i. e. he being below 16 years of age and as in the present case also till that application was filed, no such objection was raised, he could be treated as major and there is no need to send him in Juvenile Court. The learned Judge has referred the case of Arnit Das vs. State of Bihar, AIR 2000 SC 2264 for coming; to this conclusion, whereby he rejected the application of the present applicant.

(3.) The learned counsel for the applicant, has submitted that the date of birth of the accused/applicant is 4-2-1981 and the alleged incident had taken place on 22-1-1997. Therefore, if the date of the alleged offence is considered, this accused would be of below 16 years i. e. juvenile at the time of the occurrence. According to him, only the date of the offence can be considered as a relevant date for considering as to whether accused should be tried by the juvenile Court. He has relied on the judgment of the Apex Court in the case of Pratap Singh vs. State of Jharkhand and anr. , 2005 (1) Scale 763.