MANAK CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS misc. petition is filed under Section 482 Cr. P. C. before this Court on 16. 12. 2000 against the impugned order dated 15. 5. 95 passed by Juvenile Justice Court, Bikaner in Juvenile Cr. Case No. 14/95 whereby the learned Juvenile Court upon the application of the complainant, transferred the case of the petitioner accused to the Court of Civil Judge (JD) and Judicial Magistrate, Bikaner for trial in usual manner of proceedings under Cr. P. C.

(2.) THE impugned order dated 15. 5. 95 passed by the learned Juvenile Court was challenged by the petitioner accused after a period of more than 5 years and 7 months. No explanation whatsoever is given for such a gross delay.

(3.) LEARNED counsel Mr. Singh submitted that there were two school leaving certificates produced before the Juvenile Court. First certificate dated 1. 7. 84 shows that the birth date of accused was 1. 7. 78. According to the said certificate, the age of certificate would be above 16. However, the subsequent school leaving certificate dated 15. 2. 88 shows that the birth date of the petitioner accused was 1. 2. 80 that means, he was below 16. He, therefore, submits that when there were two contradictory documents regarding the age of the accused, then it was not proper on the part of the learned Judge to rely upon the first school leaving certificate.