BANTI ALIAS SANTOSH Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision has been preferred on being aggrieved by the order passed on date 11.8.2009 by the Sessions Judge, Gwalior, in Sessions Trial No.206/09, whereby an application filed for determination of the age of Accused Banti alias Santosh. S/o Malkhan Singh Parihar, for declaring him to be a Juvenile has been rejected.

(2.) The prosecution has submitted a charge-sheet/challan against the petitioner/acused Banti alias Santosh under Section 302/34 of the Indian Penal Code read with Section 25/27 of the Arms Act, as petitioner Banti and co-accused Soni had caused-injuries one Uma on date 25.7.2009 who died due to gun shot injuries.

(3.) The petitioner has submitted an application on date 14.7.2009 before the Sessions Court during the pendency of the Sessions Trial that his age is less than 18 years and as such, he should be tried by the Juvenile court Juvenile Board in terms of the provisions of the Juvenile Justice (Care & Protection of Children) Act, 2000, and which was forwarded by the Sessions Court to the Juvenile Board for the ascertainment and determination of the age of the accused-petitioner.