SARITA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE essential controversy in this revision application is whether Sarita and Sharmila, who are admittedly 15 and 17 years old, are to be tried by the Court of Session under the Code of Criminal Procedure, 1973 or to be proceeded with under the provisions of the Juvenile Justice Act, 1986 by the authorities mentioned thereunder.

(2.) THE facts are very simple. For an offence of murder and other related offences under S. 324 and others purported to have been committed on 19th April, 1988, the petitioners along with Satish Narayan Sawant, Mohan Narayan Sawant and Smt. Yeshoda Narayan Sawant were chargesheeted by the Ponda Police. On perusal of the chargesheet on July 8, 1988 the Judicial Magistrate, Ponda, committed aforementioned Satish, Mohan and Smt. Yeshoda to the Court of Session to answer the charge under Sections 302, 323, and 324 read with S. 34 of the Indian Penal Code. Admittedly this was an order made under S. 209 of the Code of Criminal Procedure and while doing that the Magistrate directed that the petitioners be tried by him for the offences under Sections 143, 147, 149, 323 and 504 of the Indian Penal Code. The Magistrate believed that he was perforced to make such order because the Children Act 1960 was in force in this territory and that in the absence of the Children's Court he is himself competent to try them.

(3.) WHEN the trial began against Satish and others before the Court of Session, Panaji, the learned Sessions Judge on hearing the counsel for the parties and learned Public Prosecutor directed that the petitioners be brought before him for trial by him for the disclosure of the offences under S. 302 and other offences under the Indian Penal Code but, however, further directed having regard to the provisions of the Juvenile Justice Act, 1986 that the trial in relation to the petitioners be held separately. It is against this order that the present revision application is directed by the two juvenile delinquents. The learned Session Judge held that S. 27 of the Code of Criminal Procedure cannot be ignored and when offences are punishable with death or imprisonment for life, such offences will have to be tried by a Court of Session under Criminal Procedure Code.