SANJAY SEIN Vs. STATE OF RAJASTHAN (RAJASTHAN)

JUDGEMENT

(1.) Accused-petitioner Sanjay Sein has preferred this revision petition against the order dated September 18, 2002 passed by learned Additional Sessions Judge (Fast Track) No. 2. Jhunjhunu whereby the application of the petitioner filed under section 8 of the Rajasthan Children Act has been dismissed. In his order, learned Additional Sessions Judge has held that the incident took place on 16.5.1999 and on the said day the accused was not below the age of 16 years and, therefore, the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'J.J. Act') are not applicable to the case pending in this Court against the accused under section 302 read with 34. I.P.C.

(2.) Learned Counsel has placed reliance on the judgment dated February 20, 2004 passed by the Division Bench of this Court in D.B. Criminal Jail Appeal No. 753/ 1999, Vtkram @ Bangali v. State of Raj, In this judgment, the Division Bench has held as under:

(3.) In view of the aforesaid judgment. I am of the considered view that in case accused-petitioner Sanjay Sein was below 18 years of age on the date of commission of offence, it is mandatory for the Trial Court to proceed under section 20 of the J.J. Act if it finds that the accused had committed an offence.