BHIKA KATERIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel representing the appellant and the learned Public Prosecutor. Perused the material available on record.

(2.) The instant appeal under Section 374(2) Cr.P.C. has been preferred by the appellant Bhikha being aggrieved of the Judgment dated 28.9.2015 passed by the learned Additional Sessions Judge No. 4, Udaipur in Sessions Case No. 82/2014 (Old No. 321/2014) convicting and sentencing the appellant as below: <FRM>JUDGEMENT_42_LAWS(RAJ)3_2020.htm</FRM>

(3.) The matter came to be listed before this Court on 4.2.2020 for considering an application moved by the Counsel for the appellant under Section 391 Cr.P.C. for bringing on record the school certificate of the appellant in support of the plea that he was a juvenile on the date of the incident i.e. 12.7.2014 and thus, his trial as an adult was illegal and vitiated as having been conducted contrary to the mandatory requirement of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act of 2000'). By order dated 4.2.2020, the application was accepted and the learned Public Prosecutor was directed to summon the original record pertaining to the petitioner's admission in the Rajkiya Shikshakarmi Prathmik Vidyalaya, Katmala, Police Station Kotda, District Udaipur from the Principal/ Authorised officer of the school so that evidence in support of the plea of juvenility could be recorded.