RASHID @ RASSHID @ RASHIDIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a Criminal Revision Petition under Sec. 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the order dt. 20.07.2012 passed by the Session Judge, Churu, vide which, he infirmed the judgment dt. 07.03.2011 passed by the Juvenile Justice Board, Churu Pradhan Magistrate who has convicted the petitioner under Sec. 363 and 377 IPC and sent him to Observation Home. Learned counsel for the petitioner at the outset did not argue the case on merits but submitted that the petitioner being 28 years of age, could not have been sent back to the Observation Home in view of the settled proposition of law laid down in Bhoop Ram vs. State of U.P., reported in : (1989) 3 SCC 1, Pooran and Others vs. State of Rajasthan, reported in : (2007) 2 RLW (Raj.) 1311 and Jayendra vs. State of U.P., reported in : (1981) 4 SCC 149.

(2.) LEARNED Public Prosecutor, however, while opposing the same, submitted that the age of the petitioner at that time was 17 years and that of the other child was 7 years.

(3.) AFTER having gone through the judgments of the Courts -below as well as other documents placed on record, the petitioner has rightly not argued the case on merits.