RAJENDRA Vs. STATE OF M. P.

JUDGEMENT

(1.) This Criminal Revision under Section 397/401 of CrPC has been filed against the order dated 09/12/2019 passed by First Additional Sessions Judge, Sabalgarh, District Morena in Sessions Trial No.315/2017, by which it has been held that the respondent no.2 is a juvenile, being aged about 17 years and 11 months and accordingly, it was held that the Trial Court has no jurisdiction to hear the matter and the same was transferred to the Juvenile Justice Board.

(2.) It is the case of the prosecution that the dead body of one unknown person was found. During merg investigation, it was found that the respondent no.2, who is the wife of the deceased and other co-accused persons have committed his murder and accordingly, FIR in Crime No.307/2017 was registered at Police Station Sabalgarh, District Morena for offence under Sections 302, 201, 120-B, 506, 34 of IPC. The charge sheet was filed against the respondent no.2 by showing that she is major.

(3.) The respondent no.2 filed an application under Section 7- A of the Juvenile Justice (Care and Protection of Children) Act, 2015, alleging that on the date of incident, the respondent no.2 was 17 years and 11 months old and, therefore, she was juvenile and thus, she may be tried by the Juvenile Justice Board. The statements of the witnesses on the question of juvenility of the respondent No.2 were recorded.