MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the respective parties.

(2.) This revision petition has been preferred against the impugned order dated 19-11-2010 passed by the Additional Sessions Judge, Shahpura District Jaipur in Sessions Case No. 30/2009 by which the learned trial Court by allowing the application moved on behalf of the non-petitioner No. 2 declared him to be a juvenile and ordered that the case be sent to the Juvenile Justice Board for further proceedings.

(3.) The brief relevant facts for the disposal of this revision petition are that the complainant petitioner on 22-6-2009 lodged a written report against the respondent and some other persons at Police Station Shahpura District Jaipur and on this basis FIR No. 388/2009 for the offence under Sections 363 and 366 of IPC was registered and after usual investigation a charge-sheet for the offence under Sections 363, 366 and 376 of IPC came to be filed in the Court of Additional Chief Judicial Magistrate, Shahpura against the respondent and some other persons. The case being exclusely triable by the Court of Sessions, the learned Additional Chief Judicial Magistrate committed the case to the trial Court i.e. The Additional Sessions Judge, Shahpura District Jaipur. During trial on 19-3-2010 the respondent moved an application before the trial Court alleging that he is a juvenile within the meaning of Section 2(a) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter to be referred as "the Act") and he be declared to be a juvenile by the reason that his date of birth as per school record is 5-7-1991. The learned trial Court by order dated 1-6-2010 dismissed the application filed on behalf of the respondent.