SHIVNARAIN @ SHIVDA Vs. STATE OF RAJASTHAN & ANR

JUDGEMENT

(1.) The instant revision petition has been filed by the petitioner Shiv Narain @ Shivda s/o Jaisa Ram, b/c Jat, r/o Jaisalsar, Tehsil Nokha, District Bikaner against the judgment and order dated 02.12.2010 passed by the learned Addl.District & Sessions Judge (Fast Track), Nagaur, in Cri.Misc. Case No.54/2010 whereby the learned trial court has rejected the application filed by the petitioner for declaring him juvenile.

(2.) The brief facts of the case giving rise to the present revision petition are that the complainant lodged a report before the SHO, Police Station Shree Balaji, stating inter alia that on 28.12.2009 he had gone to village Somsar for domestic work and at about 07.00AM accused Shiv Narain @ Shivda and Chhelu Ram @ Shiram went to his Dhani and told his daughter that her father was serious and admitted in the hospital at Nokha , therefore, some amount was required for his treatment. It was further alleged that his daughter boarded the vehicle with the box containing cash and ornaments etc. and the accused plied the vehicle in wrong direction and thereafter they broke open the box and took Rs.1,50,000/- and also gold and silver ornaments. The accused persons also raped her and threatened her of dire consequences. It was averred that when her daughter cried Raju Singh and Chhugna Ram came at the spot and then accused persons escaped from there.

(3.) On the basis of this complaint, the SHO, Police Station, Shree Balaji, lodged FIR against the petitioner and other persons and started investigation. After completion of investigation, police filed charge sheet against the petitioner and other persons. The case was committed for trial to the court of learned Addl.Sessions Judge ( Fast Track), Nagaur. The petitioner moved an application under section 49 of the Juvenile Justice ( Care and Protection of Children ) Act, 2000 for determination of the age of the petitioner.