DARYAV SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition is filed under Section 482, Cr. PC challenging order dated 23-4-99 passed by First Additional Sessions Judge, Ganjabasauda in Criminal Revision No. 91/98 whereby the Revisional Court has confirmed the order passed by the Trial Court rejecting the prayer of the applicant accused to try the case against him in accordance with the provisions of the Juvenile Justice Act.

(2.) FACTS of the case are that a criminal case was registered against the applicant for committing offences under Sections 302, IPC. The date of incidence is 16-12-97. According to the applicant his date of birth is 8-6-84 and, therefore, according to him he was below 16 years of age at the time of commission of the offence and, therefore, he is entitled to the benefit of the provisions of Juvenile Justice Act.

(3.) BOTH the Courts below rejected his prayer by holding that the age of the applicant was above 16 years. The said finding is arrived at by the two Courts below on the basis of medical opinion based on X-ray report which shows that the age of the applicant was above 16 years and below 18 years,