NANURAM @ NANCHURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present petition under Sec. 482 Cr.P.C has been filed praying that the order dt. 4.4.2013 passed by the Addl. District Judge, Chomu, Jaipur whereby he had accepted the revision petition and had disturbed the order passed by the Magistrate be set aside. Counsel for the petitioner has submitted that the petitioner has been nominated as an accused in FIR No. 140/2012 registered at PS Kaladera for the offences under Secs. 365, 302, 201, 394 and 120 -B IPC. Counsel states that when the case was committed, petitioner was produced before the Magistrate, then a plea was raised regarding juvenility of the petitioner. It is stated that vide Annexure P -2, the learned Magistrate relying upon transfer certificate and scholar register had held that the petitioner was born on 30.10.1996 and his age on day of occurrence was 15 years and 9 months. Counsel submits that however the Court of Addl. Sessions Judge while exercising revisional jurisdiction had set aside the order primarily relying upon Section 7A of the Juvenile Justice (Care and protection of Children) Act.

(2.) COUNSEL for the petitioner has stated that for determining the age of the petitioner, the Court had to take into consideration Rule 12.3 of the Juvenile Justice (Care and Protection of Children) Rules 2007, It shall be apposite here to reproduce Rule 12.3, which reads as under.

(3.) AFTER hearing counsel for the parties, it is apparent that neither concerned Magistrate while determining the age nor the learned Addl. Sessions Judge while accepting the revision has considered the application of Rule 12.3 of the Rules.