RATANLAL ALIAS RAM RATAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition u/Ss. 397 r/w. 401, Cr. P. C. is directed against the order dated 29-7-2003 passed by the learned Special Judge, Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Act, Alwar in Sessions Case No. 50/02 whereby the application filed by the petitioner for sending his case to the Children Court has been refused.

(2.) A charge-sheet for the offences u/Ss. 363, 376(2)(g), I.P.C. and Section 3(2)(5) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act) was filed against the petitioner and other co-accused persons wherein the allegation against him was that he along with others abducted Kumari Tinkle and committed gang rape with her. On the case being committed to the aforesaid Court for trial, charges were framed. After the conclusion of the prosecution evidence, the examination of the accused u/S. 313, Cr. P. C., they led their defence evidence. Thereafter, petitioner filed an application on 3-7-2003 before the trial Court for sending his case to the Children Court for trial. A similar application was also filed by co-accused Sardara on the same day. Both the applications were disallowed vide impugned order.

(3.) I have heard learned counsel for the petitioner, learned P. P. on behalf of the State and have also perused the impugned order as well as the relevant authorities cited at the bar.