JITENDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed to challenge the charge framed against the petitioner by the Additional Sessions Judge, Ludhiana on 5-7-1989.

(2.) The petitioner and one Chinda son of Khazan Singh were arrested and challenged by the Ludhiana Police in FIR 28 dated 14-1-1989 under Sections 302/ 34. IPC. The petitioner had approached this Court for grant of bail, which was granted to him in Cr. Misc. 4668-M of 1989 decided on 28-7-1989 by A.P. Chowdliri, J., on the ground that he was 15 years 4 months old at the time of alleged murder. The Additional Sessions Judge, Ludhiana, had framed charge under Sections 302/34, IPC, against the petitioner and this order cannot be sustained in view of the fact that the Court was obliged to deal with the case of the petitioner under the provisions of Juvenile Justice Act, 1986 (hereinafter referred to as the Act). According to the petitioner the Juvenile Court is presided over by the Chief Judicial Magistrate and is assisted by Dr. Rajiv Gupta and, therefore, the Additional Sessions Judge, Ludhiana was not competent to deal with the case of the petitioner who was less than 16 years on the date of commission of the offence.

(3.) In the reply filed by the Inspector, it was asserted that at the time of his arrest, the petitioner had disclosed his age as 16/17 years to the arresting officer and by appearance also Jatinder Kumar appeared to the Sessions Judge as 17 years old. Since the petitioner did not produce any certificate of date of birth before the Court below, it was asserted on behalf of the respondent that the charge had rightly been framed.