AMARA RAM Vs. STATE

JUDGEMENT

(1.) This petition under Sec. 482, Crimial P.C. is directed against the order dated Feb. 7, 1990 of the Sessions Judge, Merta, dismissing the application filed on behalf of the petitioner that he was a child and should be dealt with under the Children's Act.

(2.) The learned Sessions Judge has dismissed the application of the petitioner on the ground that no evidence was produced on his behalf to substantiate the fact that he was a child on the date of the occurrence and that the medical certificate issued by the doctor belied his contention.

(3.) Counsel for the petitioner has submitted that a photo-state copy of the transfer certificate, issued by the Goliya School, Nagaur, was produced. However, as the original certificate was not produced in the trial Court, the learned Sessions Judge has refused to rely on the photo-state copy. Learned counsel submits that he has got the original with him and if an opportunity is given to the petitioner, he shall produce the original certificate and other evidence to show that the accused was less than 16 years of age on the date of the occurrence.