GIRANDPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Misc. petition under Sec. 482 Cr.P.C., has been filed against the order dt. 21.11.2012 whereby the application of the petitioner for sending the case to the Juvenile Justice Board has been rejected. The short facts of case giving rise to this petition are that on 08.03.2011, Om Prakash submitted a written report at Police Station Diholi, Dholpur regarding the incident alleged to have taken place on 07.03.2011 against unknown persons for rape with his minor daughter on which FIR No. 27/2011 has been registered and after investigation charge -sheet has been filed. The Sessions Judge committed the case to Court of Sessions Judge, Dholpur. During the trial, the petitioner moved an application for enquiry regarding the juvenility of the present petitioner and after enquiry the Principal Magistrate, Juvenile Justice Board declared him juvenile vide order dt. 19.03.2012. Thereafter, the petitioner moved an application before Sessions fudge, Dholpur for sending his case to Juvenile Justice Board which was declined, hence this petition.

(2.) THE only contention of the petitioner is that when present petitioner has been declared juvenile, the only option left with the Sessions Judge is to make over the case to the Juvenile Justice Board and order of the Sessions Judge for declining the same is perverse and be quashed.

(3.) HEARD the learned counsel for the petitioner and learned Public Prosecutor and perused the impugned orders. The Juvenile Justice Board has declared the age of the petitioner as 16 years and 1 months on the basis of Birth Certificate from Smt. Sudamadevi Bal Vidyalaya and Principal of the School has also been examined before the Court. Rule 12 provides a scheme under which the age of a child or a juvenile in conflict with law or the victim could be determined and reliance could be placed on Jarnail Singh v. State of Haryana, : (2013) 7 SCC 263 in which it was held: