RATA TIRIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Criminal Revision is directed against the order dated 3.5.2007 passed by learned S.D.J.M., Kamakhyanagar in G.R. Case No. 85 of 2007 (hereinafter referred to as "the impugned order") by which I held the Petitioner not to be a juvenile.

(2.) IN the morning of 1.3.2007 one Prasanta Kumar Nayak, a forest guard reported before O.I.C. Kamakhyanagar that during the previous night while he and some forest staff were present at Kandhara Forest Beat House, some unknown persons wearing black uniform came there carrying guns and tied and beat diem up. The informant managed to escape and later on returning to the spot with the officers found two of the staffs lying dead having been killed by some unknown culprits. Some leaflets left at the spot revealed the miscreants to be belonging to C.P.I.,(M) Janashakti (Maoist cadre). Police registered a case under various sections including Section 302 I.P.C. and took up investigation during the course of which the Petitioner was arrested and forwarded to the court. On 2.5.2007 a petition was filed on behalf of the present Petitioner for his ossification and radiological tests in order to ascertain his age. On 3.5.2007 the learned S.D.J.M. heard the said petition and vide the impugned order rejected the claim of the Petitioner to be a juvenile of 15 years of age occasioning this revision.

(3.) IT is necessary to note the statutory provision with regard to a juvenile before proceeding further. The juvenile justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act') is a beneficial legislation and was enacted to provide for the care protection treatment development and rehabilitation of neglected delinquent juveniles. The earlier legislation on the subject i.e. the juvenile Justice Act 1986 (53 of 1986) was repealed by the Act. In the year 2006 by the Juvenile Justice (Care and Protection of Children) Amendment Act 2006 (Act 33 of 2006) the Act has been further amended extensively.