SHASHIKANT CHOUDHARY Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision is directed against the order dated 9-8-2004 passed by the learned Second Addl. Sessions Judge, Dewas in Sessions Trial No. 125/2004 thereby rejecting the contention of the applicant that he is below 18 years of age and can not be tried by the Sessions Judge under the provisions of Juvenile Justice (Care and Protection) Act.

(2.) THE applicant was arrested for the offences punishable under Sections 394, 397 and 411 of the Indian Penal Code. Police submitted a charge-sheet before the Court and the case was committed to the Court of Sessions. The contention of the applicant was that his dale of birth is 1-4-86 and on the date of arrest, i. e. , the date on which he was first produced before the Court, he had not completed 18 years and as such, he is a juvenile and thus, the Trial Court has no jurisdiction to entertain the matter as he is aged 17 years, 11 months and 23 days. The learned Trial Court examined three witnesses and after hearing the Counsel for the parties rejected the application filed by the applicant. Hence, this revision.

(3.) IN short, necessary facts for adjudication of this revision are that the applicant was arrested and produced before the Committal Court on 24-3-2004 for having committed the alleged offences of robbery punishable under Section 394/397 and also under Section 411 of the Indian Penal Code. After filing of the charge-sheet, the case was committed to the Court of Sessions and the learned Sessions Judge, Dewas made over the case for trial to the Second Addl. Sessions Judge vide Sessions Trial No. 125/2004. Before the Trial Court, the applicant submitted an application under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000 (for brevity hereinafter referred to as 'act' ). According to the applicant his date of birth is 1-4-1986, on the date of his production before the Committal Court, he was below 18 years of age. Therefore, he can not be tried by the learned Addl. Sessions Judge, Dewas. For proving his age, the applicant filed a photo-copy of the mark sheet and also examined his father Babulal, uncle Ghanshyam and teacher Shri Navin Choubey of Prera Adarsha Vidyalaya, Dewas. The applicant has also filed an affidavit of his father Babulal, photo-copy of mark-sheet of his elder brother Ashok and true copy of the Voter List whereas the prosecution has filed the true copy of latest revised and amended Voter List of 2003 of Parliament Constituency No. 22 Shajapur and Legislative Assembly Constituency 1986, Dewas.