STATE Vs. SHRINIWAS

JUDGEMENT

(1.) THIS criminal reference by the Sessions Judge, Ajmer, arises in the following circumstances : The Munsiff-Magistrate, Ajmer, West, committed Sarwanlal, Motilal, Shriniwas Chaturbhuj and Kailash to take trial for various offences including the offence under sec. 302/34 IPC. An application was moved on behalf of the accused Kailash in the Court of the Sessions Judge, Ajmer, contending that as he was a child below 16 years of age, he cannot be tried along with other accused under the Rajasthan Children Act, 1970 (Act No. 16 of 1970), hereinafter referred to as the Act. The application was opposed on behalf of the State on the ground that Kailash was not a child within the meaning of the Act as his age was more than 16 years. The parties were then asked to lead evidence regarding the age of Kailash. Several witnesses were examined on behalf of Kailash and the learned Sessions Judge on the evidence produced before him arrived at the conclusion that the age of Kailash was less than 16 years. The learned Sessions Judge thereafter considered the provisions of the Act and made this reference with the recommendation that the committal proceedings against Kailash be quashed and the learned magistrate be directed to proceed against him in accordance with the provisions of the Act and the rules made thereunder.

(2.) THE finding of the learned Sessions Judge that Kailash is below the age of 16 is based on cogent evidence and I see no good ground no interfere with that finding of fact.