STATE OF M P Vs. DILIP

JUDGEMENT

(1.) THE State has filed this revision against the order dated 24-9-2001 passed by the Sessions Judge, Jhabua in Sessions Trial No. 158/2001 returning the charge-sheet to the Public Prosecutor for filing the same before the Juvenile Court, Jhabua and discharged the non-applicants from his Court.

(2.) LEARNED Dy. Advocate General Shri Desai has assailed the impugned order on the ground that the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act of 2000) came into force from 1-4-2001 whereas the incident had taken place on 14-2-2001. Therefore, the present case can not be dealt with under the old Act ie. , The Juvenile Justice Act, 1986 (hereinafter referred to as the Act of 1986 ). He also submitted that the accused/non-applicants have not filed any positive material to establish that they were below 18 years of age on the date of the incident.

(3.) IN counter to this, Shri Jaisingh appearing for the non-applicants submitted that according to the ossification test, the non-applicants were found below 18 years of age. Therefore, the learned Sessions Judge has rightly returned the charge-sheet for filing the same before the Juvenile Court/competent Authority, Jhabua because as per the prosecution itself, the non-applicants were shown to be below 16 years of age. Therefore, even according to the Act of 1986, the regular Trial Court could not take cognizance for trying them being juveniles under the Act of 1986. According to Section 20 special provision in respect of pending cases in Act, 2000 the pending case shall continue before the same Court where they arc being tried, but if the trying Court find that the juvenile has committed the offence, it shall record such finding and instead of passing any sentence, in respect of juvenile, forward the juvenile to the Board which shall pass orders in respect of that juvenile in accordance with the provisions of this Act as if it had been satisfied on inquiry under this Act that a juvenile has committed the offence. This stage has not come. Mainly the charge-sheet was filed for the offences under Sections 307,152, 506 and 148 read with Section 14 of the Indian Penal Code before the Judicial Magistrate First Class, Thandla from where the same was committed to the Sessions Court at Jhabua, where it was registered as Sessions Trial No. 158/01, The Sessions Jhabua, on the date of hearing arguments on charge, perused the record and found that the prosecution has got radiologically examined all the non-applicants and according to the Ossification Test, Kaloo was found below 16 years of age and the remaining between 16 and 18 years.