HARJINDER SINGH Vs. RAM GOPAL

JUDGEMENT

(1.) The Petitioner challenges the order passed by the learned Sessions Judge, Solan rejecting his application under Section 7 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the 'Act'). The prayer of the Applicant in the application was that an inquiry be held regarding the age as he was a juvenile on the date of the commission of the offence and he was to be tried in consonance with the provisions of the 'Act' and not by way of a regular trial. It is further alleged that the Petitioner was born on 2.8.1987 and on the date i.e. 17.3.2004 when the offence under Section 138 of the Negotiable Instruments Act was committed, he was under the age of 18 years.

(2.) The learned trial Court, on the interpretation of Section 20 of the 'Act' held that the protection was not available to him. The Court further holds that in his statement which is recorded before the learned trial Court, he has himself disclosed his age to be about 22 years which shows that he was more than 18 years at the time when the offence was committed. Secondly, the Applicant did not file any application before the trial Court during the trial and even during the pendency of the appeal to urge this fact.

(3.) This petition was resisted by the Respondent on number of grounds which will be considered hereinafter.