VALA RAM Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) In this criminal revision petition filed under Section 397/401, Cr.P.C., the complainant-petitioner is challenging order dated 20.2.2006 passed by Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Pali in Sessions Case No. 135/2004, whereby, application filed by accused non petitioner Mangali was allowed and the case registered against her was sent to the Juvenile Justice Board, Jodhpur treating the accused non-petitioner Mangali as juvenile as on the date of the occurrence.

(2.) Brief facts of the case are that the complainant petitioner filed F.I.R. on 2.9.2004 at 9 P.M. against non-petitioner No. 2 Mangali for committing murder of Naresh. Upon the said complaint, F.I.R. was registered against accused Mangali under Sections 364, 302 I.P.C. read with Section 3(2)(5), SC/ST (Prevention of Atrocities) Act. After usual investigation, challan was filed against Mangali for aforesaid offences.

(3.) After filing challan, charges were framed by the trial Court and prosecution witnesses were examined .but, during trial, an application was filed on behalf of the accused Mangali on 25.7.2005 stating therein that on the date on which the alleged occurrence took place the accused was 17 years 10 months old, therefore, trial Court has no jurisdiction to try the case. It was prayed that while declaring accused Mangali juvenile the matter may be transferred to the Juvenile Justice Board for trial.