OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc, Petition u/s. 482 Cr.P.C. by accused petitioner Om Prakash seeks directions for holding inquiry as to the determination of his age.

(2.) Petitioner Om Prakash is facing trial in Criminal Case No. 95/ 2000 along With others before the court of learned Civil Judge (Jr. Div.) cum Judicial Magistrate, First Class, Reengus on charges for the offences u/ss. 323, 325 and 448 I.P.C in respect of alleged occurrence that took place on 18/1/2000. It is alleged that he was born on 1/7/1984 and thus his age was 15 years and 6 months only on the date of occurrence.

(3.) This Case came to be instituted after the enforcement of the Juvenile Justice Act, 1986 (here in after referred to as .the Act') vide notification No. GSR 710(E) dated 13/8/1987 w.e.f. 2/10/ 1987. This case was, therefore, governed by the provisions of the Act and not by the provisions of the Rajasthan Children Act, 1970. Section 26 of the Act has no application to the instant case.