MD JAMAL Vs. STATE

JUDGEMENT

(1.) The instant criminal revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure is directed against the order dated 1.2.91 passed by learned Additional Sessions Judge, 4th Court, 24 Parganas (Sourth) at Alipore in Sessions Trial No. 1(1) 86 under Sections 302/34 of the I.P.C.

(2.) The case of the accused-petitioner Md. Jamal was in brief that he was facing trial before the learned Additional Sessions Judge, 4th Court, 24 Parganas (South), Alipore, in respect of the alleged offences punishable under Sections 302/34 of the Indian Penal Code. In the said trial the petitioner put in an application stating that he was below the age of 18 years on the alleged date of occurrence i.e. on 18.11.84 and accordingly he was liable to be tried by the learned Juvenile Court being a Juvenile. In connection with the hearing of the said petition, the petitioner was medically examined on 30.12.86 and the doctor opined that the petitioner was about 20 years old on 30.12.86, when he was medically examined by the doctor. As against the said opinion of the doctor the petitioner got his father examined on the question of age of the petitioner and it was stated by the father of the petitioner before the learned trial Court that the petitioner was bom in September, 1969 i.e. his son was far below 18 years. But unfortunately the learned Court below disbelieved the evidence of the father of the petitioner and accepted the.evidence of the doctor that the petitioner was about 20 years old on the date of his medical examination. According to the petitioner he was a minor on the alleged date of occurrence and hence the impugned order passed by the learned Court below was liable to be set aside.

(3.) I have had the opportunity of hearing learned Counsel for the petitioner as well as the learned Counsel for the State in the matter of length.