VIKRAM SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since both the criminal revision petitions pertain to one incident and arise out of the order dated 10.9.2009 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur, they have been heard together and are being disposed of by this common order.

(2.) Contextual facts giving rise to the instant revisions, in nub, are that a charge sheet came to be filed against both the Petitioners Vikram Saini and Dev Karan for the offences under Section 302, 201 IPC and Section 3(2)(5) of SC/ST Act, whereupon the cognizance was taken against them for the aforesaid offences. Since the offences were triable by the Court of Sessions, as such the case was committed to the Court of Sessions for trial.

(3.) The Petitioner No. 1 Vikram Saini filed an application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short as "Act of 2000") and the Petitioner No. 2 Devkaran filed an application under Section 2(k) of the Act of 2000 before the learned Judicial Magistrate No. 8, Jaipur City, Jaipur, which were decided vide order dated 6.2.2009. Against the said order dated 6.2.2009, an appeal was preferred by the Petitioners, which was decided by the appellate Court vide order dated 1.4.2009, whereupon the learned appellate court partly allowed the appeal of the Petitioners; set-aside the order dated 6.2.2009 and remanded the matter to the learned trial court directing to pass an order in accordance with law after affording an opportunity to both the parties to adduce evidence in support of their claims, so as to determine the age of both the Petitioners.