MEHMOOD KHAN Vs. STATE

JUDGEMENT

(1.) The incident is alleged to have taken place on 6-3-2000. It has been alleged that the petitioner along with three other co-accused threw acid on the family members of the complainant resulting in multiple acid burns on five persons including four ladies. After investigation, the police filed challan against the petitioner and three other co-accused for offence under Sections 458, 459, 324, 326 and 307/34, IPC.

(2.) The petitioner submitted a bail application under S. 439 of the Code of Criminal Procedure. This Court, vide order dated 31-7-2000, while disposing of the bail application, directed the trial Court to determine the age of the petitioner considering the provisions of the Juvenile Justice Act, 1986 (hereinafter to be referred to as 'the Act'). As per the directions of this Court, the trial Court, after taking evidence of both the sides, held that the petitioner was more than 16 years of age at the time of the incident vide order dated 26-8-2000.

(3.) The order dated 26-8-2000, passed by the trial Court, in regard to determining age of the petitioner, was challenged by the petitioner by way of filing a petition under S. 482 of the Code of Criminal Procedure before this Court. This Court, while disposing of the SB Cr Misc Petition No. 734/2000, on 1-12-2000, passed the following order :-