BAJRANG ALIAS BRIJLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal revision petition under Section 397/401 of the Code of Criminal Procedure, 1973 (for short, "the Code") has been filed challenging the order dated 30. 9. 2004 passed by the Additional Sessions Judge (Fast Track) No. 2, Bikaner (for short, "the trial Court" hereinafter) in Sessions Case No. 45/2004, by which the trial Court dismissed the application filed by the petitioner seeking to declare that the petitioner was juvenile as defined in section 2 (k) of Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act' hereinafter) on the date of alleged commission of crime and as such he should be tried by the Juvenile Justice Board.

(2.) THE petitioner, along with his father and younger brother is facing trial for the offences punishable under Sections 341, 323, 325, 307 and 302 I. P. C. for the occurrence which took place on 3. 6. 2004. He filed an application under Section 49 of the Act for determination of his age and alleged that his date of birth is 12. 7. 1986 and the alleged occurrence took place on 3. 6. 2004, as such he has not attained the age of 18 years on the date of the alleged incident. On that application, the trial Court conducted an inquiry under Section 49 of the Act and after considering the evidence produced by the parties, dismissed the application.

(3.) CW2 Bhanwar Lal is the brother-in-law (gainer) of petitioner's father Dula Ram. He has stated that at the time of admission in school, petitioner was aged about 7 years. He has stated that the first son to Dula Ram (petitioner's father) was born after four years of his marriage. In cross-examination, he has stated that in which month, the petitioner was born, he does not know, but the petitioner was born in Samvat Year 2043 and presently Samvat Year 2061 is running.