STATE Vs. RAJU

JUDGEMENT

(1.) VIDE order dated 20 -12 -2002, learned Sessions Judge, Bhaderwah, remitted the case captioned State v. Raju  registered under F.I.R. No: 68/ of Police Station Gandoh u/s - 376 -R.P.C, C.J.M concerned on the ground that accused before him was only fourteen/fifteen years of age and, as such, being below sixteen years could be tried by a Childrenâ„¢s Court only. On receipt of file, the concerned C.J.M. under his order dated 15 -9 -2003 made a reference to this Court for having impugned order quashed on the ground that trial of the accused, minor, would have to be conducted under Juvenile Justice Act and not Childrenâ„¢s Act, which was disposed off by this Court vide order dt. 26 -2 -2004 with the observation that learned C.J.M. being under the revisional jurisdiction of Sessions Court should not have sent the reference to this Court, directly, and with that observation, returned the file to concerned C.J.M., who under another order dt. 12 -3 -2004 submitted the file to concerned Sessions Court for appropriate orders.

(2.) ON receipt of file from C.J.M., learned Sessions Judge made this reference with the observation that Juvenile Justice Act of 1997 having coming into force and Childrenâ„¢s Act of 1970 having been repealed, the initial order passed by concerned Sessions judge is required to be modified, so as to enable trial of the minor accused under Juvenile Justice Act, which as per his observations, he could not direct, because of the earlier order dt. 20 -12 -2002. That is how, matter has again come to this Court and, Mr. Parihar appearing for the respondent contends that in view of reference, the trial of accused requires to be conducted under the Juvenile Justice Act and the order under Reference modified suitably.

(3.) I have perused the record and considered the matter, Moot question involved is, as to after coming into force of the Juvenile Justice Act of 1997, which would be the proper forum for the trial of the case in hand. It may be noticed that prior to the said Act, the Jammu & Kashmir Childrenâ„¢s Act of 1970 and the Childrenâ„¢s Courts Act of 1996 were holding the field. Under section -5 of the Childrenâ„¢s Act, Childrenâ„¢s Courts have been trying offences/cases in relation to delinquent children notwithstanding anything contained in Criminal Procedure Code.