KAMLESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the petitioner has placed before this Court an attested photostat copy of the Secondary School Examination Certificate, wherein the date of birth of the accused petitioner has been mentioned as 1st Jan., 1977. According to this Certificate admittedly, the age of the accused petitioner is less than 16 years.

(2.) The learned Sessions Judge, has also taken the note of this fact. He however, counter party making an observation that if the accused is really below 16 years of age then the I.O. will take into consideration the provisions of the Juvenile Justice Act, before arresting the accused. The learned Sessions Judge, has also observed that it is a matter of enquiry. In fact, the learned Sessions Judge, ought to have made a mandatory direction in the nature that once there is a Secondary School Certificate, before coming to any conclusion counter to it, enquiry by the Competent Authority, must be conducted, as the Secondary School Certificate is ex-facie a proof of age.

(3.) In this view of the matter, the case of the petitioner having been covered by the provisions of Juvenile Justice Act, an order under Sec. 438 Crimial P.C. is not necessary. The petitioner should approach the Competent Court, under the Act for safeguarding his rights and it is expected of the police as well as of the Court to give due respect to the provisions of the aforesaid Act and should also ensure that the career of the petitioner is not spoiled by preventing him from appearing in the ensuing examination.