INDRASINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision is filed under Section 53 of Juvenile Justice (Care and Protection of Children) Act, 2008 (now repealed herein after as the 'Act') and is directed against the order passed by learned Special Judge under NDPS Act, Neemuch in Special Sessions Trial No.28/2015 dated 08/03/2016, whereby, learned Special Judge held that on the date of offence i.e. 28/06/2015, age of the applicant was above 18 years and therefore, it was held by the Special Judge that his trial would be held under the provisions of Cr.P.C.

(2.) The relevant facts for disposal of this revision are that an order under Section 7-A of repealed Act was filed by the present applicant before the learned Special Judge, which was decided by the Special Judge by the impugned order.

(3.) Learned counsel for the applicant submits that as per provisions of Section 7-A of repealed 'Act' and Rule 12 of Juvenile of Justice (Care and Protection of Children) Rules, 2007, only the age, as mentioned in the record of school should be taken into consideration. When such record is available, the assessment of age by medical examination should not have been carried out, however, according to him in this case ossification test was conducted, in which, age of the present applicant was found to be 19 to 21 years and on the basis of this report, learned Special Judge held that on 28/06/2015 - on the date of occurrence, she was above 18 years of age.