CHETAN RAM AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal revision under Sec. 397/401 of the Code of Criminal Procedure, 1973 (for short, 'the Code'), the petitioners have challenged the order dated 17.2.2005 passed by the Additional Sessions Judge (Fast Track) No. 2, Pali (For short, "the trial court" hereinafter), by which the trial Court dismissed the application dated 27.8.2004 filed by the petitioners seeking to declare that they were juvenile on the date of the alleged incident which took place on 23.10.2001 and as such they should be tried by the Juvenile Justice Board.

(2.) The petitioners are facing trial before the trial court for the offences punishable under Sections 147, 148, 149, 323 and 307 IPC. An application was filed by the petitioners on 27.8.2004 stating therein that on the date of the alleged incident, i.e. 23.10.2001, they were juvenile and, therefore, they should be tried by the Juvenile Justice Board. The learned trial court, vide order dated 8.9.2004, directed the parties to lead evidence regarding the age of the petitioners. On behalf of the petitioners, AW1 Ganga Singh (Ganga Shankar), AW2 Ranveer Singh and AW3 Bhanwar Lal have been examined. On behalf of the prosecution, NAW1 Jagdish Prasad has been examined.

(3.) I have heard learned counsel for the petitioners and the Public Prosecutor assisted by the counsel for the complainant.