THAKAT SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition under Sections 397/401 of the Code of Criminal Procedure 1973, has been preferred against an order dated 12 th January, 2012 in Sessions Case No.322/11 passed by the Third Additional Sessions Judge Guna (M.P.), dismissing thereby the application of the petitioners-accused for holding them as juveniles.

(2.) The case of the petitioners are that during trial, the petitioners filed the application stating that on the date of incident, i.e., 14 th August, 2011, they were below 18 years of age, hence, being juveniles it was requested that their case be referred to the Juvenile Justice Court for holding an inquiry with regard to determination of their age and trial before the board. The trial Court on the basis of the evidence of the petitioners filed with the application and the evidence collected during investigation, concluded that the petitioners were not juveniles, hence, this revision.

(3.) The learned counsel for the petitioners submitted that the learned trial court has committed an illegality in passing the impugned order. It is submitted that the learned trial court has wrongly acted upon the evidence of the Medical Board and left to consider that its opinion per se is not a conclusive proof of age of the person concerned. He submits that the Medical evidence as to the age of a person, though a very useful guiding factor, but it has to be considered alongwith other cogent evidence. Hence, according to the learned counsel, the impugned order is patently illegal, arbitrary and deserves to be set aside.