SANTOSHI VISHAL SINGH GURJAR Vs. NARESH CHINTAMANI GURJAR

JUDGEMENT

(1.) This Criminal Revision is preferred by the Petitioner/Complainant against the Order passed on Date 8-5-2009 in Sessions Trial No. 34/2008 by Additional Sessions Judge, Jaura, wherein the application preferred under Section 32 of the Juvenile Justice Act, 1986 has been allowed by the Court below by finding the accused Naresh Singh to be a Juvenile in an offence registered against him by the Police Station Jaura, under Sections 302, 336, 323, 147, 148, 149 of IPC.

(2.) The facts of the case are that accused Naresh Singh Gurjar was arrested on date 13-8-2007 in.relation to Crime No. 191/2007 registered by Police Station, Jaura under Sections 302, 336, 323, 147, 148, 149 of IPC, where in the arrest memo, the age of the accused Naresh was described as 19 years and in spite of the production of a certificate of middle school examination, the Court below has treated him to be a juvenile and has transmitted him to the Juvenile Court, instead of directing him to face Regular Trial before the competent Sessions Court, From a perusal of the record it appears that initially an application was filed under Section 32 of the Juvenile Justice Act, 1986 before the judicial Magistrate First Class, Jaura on behalf of all the three accused, namely Jogindra Singh, Sanjay Singh and Naresh Singh by demonstrating each one of them to be a Juvenile, but when the matter was fixed for consideration of the report about the age of the accused persons, the application was not pressed and accordingly the Judicial Magistrate First Class disposed of the application. The record further reveal that when another application under Section 437 of Cr. P.C. was filed before the Judicial Magistrate First Class Jaura on 20-11-2007, the accused Naresh Singh was not described as a Juvenile and subsequently also when the case was committed to the Sessions Court and charges were framed in Session Trial No. 34/2008 and the case was fixed for recording the prosecution evidence, no efforts were made to describe or declare Naresh Singh as a juvenile.

(3.) Shri G.S. Sharma, learned counsel for the petitioner/complainant has contended that an application was filed under Section 32 of the Juvenile Justice Act, 1986 on behalf of the accused Naresh Singh by relying upon a Horoscope (Janam Patri) prepared by some Pandit along with affidavit of the Father and Mother of the accused Naresh Singh and a declaration/adjudication was sought on those grounds that the accused is Juvenile, who needs to be tried by the Juvenile Court.