SUBASH CHANDRA JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Counsel for the State.

(2.) This revision is directed against the order dated 12.6.2006 passed by the learned Additional Sessions Judge, F.T.C., Bhadrak in S.T. No. 20/ 77 of 2004 rejecting the petitioner's application for treating him as a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act').

(3.) Petitioner and his father are facing trial for commission of offence under Section 376 I.P.C. and other offences alleged to have been committed during the years 1997 to 2000. Referring to the evidence of D.W.1 Headmaster In-charge of Baidyanath Nodal School, Bangalisahi it is strenuously contended by the learned Counsel for the petitioner that the date of birth of the petitioner being 27.6.1984, he is required to be dealt with in accordance with the Act. Learned Additional Sessions Judge erroneously held that the petitioner was not a juvenile during the period of occurrence. Learned Counsel for the petitioner places strong reliance on the decision in Rambir Singh and Ors. v. State of U.P.,2010 45 OCR 205.