KANHAIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this criminal revision petition is to the order dated 6th February, 2010 rendered by Additional Sessions Judge (Fast Track) No. 2, Karauli, whereby the learned Additional Sessions Judge dismissed the application submitted under Sections 4, 18 and 19 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (here-in after to be referred to as "Act 2000") with regard to determination of age.

(2.) Contextual facts depict that one FIR came to be lodged at Police Station Kaila Devi against the accused petitioner Kanhaiya. The police arrested the accused treating him to be above the age of 18 years. The petitioner filed an application before Judicial Magistrate, Karauli praying that he was below the age of 18 years and in support thereof, he annexed the date of birth record, admission form of school, transfer certificate issued by the School and Horoscope. The learned Additional Sessions Judge recorded the statements of AW-1 Hukum Chand, AW-2 Yogendra Pal, AW-3 Pandit Swaroop and took the aforesaid documents on record. The petitioner was also medically examined and a medical certificate with regard to the ascertainment of age was obtained. The petitioner relying upon the documents insisted that he was below the age of 18 years. E converse the learned Additional Sessions Judge relied upon the medical examination report based on ossification test, which estimated the age of the petitioner to be above 20 years. The petitioner has impugned this order dated 6th February, 2010 passed by the Additional Sessions Judge (Fast Track) No. 2, Karauli.

(3.) Heard learned Counsel for the petitioner as also the learned Public Prosecutor appearing for the State and carefully perused the relevant material on record, including the impugned order.