PANKAJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal revision application has been preferred by informant of Sheikhpura P.S. Case No. 148 of 1999 registered under Section 302 and other allied sections of the Indian Penal Code as well as Section 27 of the Arms Act.

(2.) PETITIONER is aggrived by and has challenged the order, dated 11.3.2002 passed by learned Additional District and Sessions Judge IX Munger in a criminal appeal bearing No. 204 of 2001 whereby the appeal preferred by opposite party No. 2, one of the accused seeking a declaration that he is a juvenile, was allowed after reversing the order dated 19.10.2001 passed by learned A.C.J.M. Sheikhpura (Juvenile Court).

(3.) ONCE the aforesaid conclusion is reached and the date of commission of offence is found to be the crucial date then there is no difficulty in further holding that on the date of alleged occurrence the Act of 1986 was in force where under a male accused above the age of 16 years could not be treated a juvenile. Hence, the appellate Court clearly committed an error of law in holding opposite party No. 2 to be a juvenile on the basis of Act of 2000 which was not in force on the date of the occurrence.