DALIP KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Pros-ecutor.

(2.) This criminal revision petition has been preferred against the impugned order dated 4-1-2012 passed by The Additional Sessions Judge, Nohar (District Hanumangarh) in Sessions Case No. 47/2011 whereby the learned Court below has dismissed the application moved on behalf of the petitioner to declare him juvenile and to send his case for further proceedings to the concerned Juvenile Justice Board.

(3.) Brief relevant facts for the disposal of this petition are that a written report was lodged by the complainant on 5-7-2011 before the concerned police station against the present petitioner and some other persons for murder of one Shri Nakhat Singh and on the basis of aforesaid written report FIR No. 112/ 2011 came to be registered for the offences under Sections 302 & 342, IPC. After usual investigation, charge-sheet for the aforesaid offences was filed against the petitioner and some other persons before the concerned Magistrate and the case being exclusively trible by Sessions Judge the same was committed to the Court below. It is pertinent to note that the petitioner was arrested on 7-7-2011 during investigation and he is still in judicial custody. The petitioner moved an application on 7-11-2011 claiming to be a juvenile within the meaning of the Juvenile Justice (Care & Protection of Children) Act, 2000 (hereinafter referred to as "the Act") as having not attained the age of 18 years and to be age of 15 years only on the date of alleged incident. It was prayed by him that his case may be sent for further proceedings to the concerned Juvenile Justice Board. On the basis of the application so submitted, the learned Court below held an enquiry and during the same evidence was produced on behalf of the petitioner and his medical examination regarding age was also conducted and to prove the report statement of one of the doctors was also recorded. The learned Court below after hearing both the parties disallowed the application filed by the petitioner. Feeling dissatisfied, he is before this Court by way of this criminal revision petition.