SATYENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner was chargesheeted for an offence under S. 376 of the Indian Penal Code. The Juvenile Court, Morena vide its order dated 19.9.2001 had held that on 13.6.2001 the petitioner was above sixteen years of age but he was below eighteen years, Sessions Trial No. 277/01 had been pending in the Court of Second Additional Sessions Judge, Morena for trial. The finding that the petitioner was above sixteen years of age and below eighteen years was certainly based on a detailed discussion and appreciation of evidence on record. Certainly, it was a case covered by S. 20 of the Juvenile Justice (Care and Protection of Children) Act, 2000 which has come into force with effect from 1.4.2001, which reads as follows :

(2.) IN view of this provision, the trial is to be held by the Sessions Court where the case is at present pending. However, after conclusion of the trial if the Court finds the petitioner guilty, it shall record such finding and instead of passing any sentence forward the juvenile to the Board, who shall pass proper orders in that respect.