CHIRANJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the order dt. July 17, 1985, made by the learned Additional Sessions Judge, Gangapur City. Under the aforesaid order, the learned Additional Sessions Judge held that the accused-petitioner Chiranji does not appear to be 16 years of age and therefore it is not necessary to send him to the Children Court for trial of the offence of which he has been charged.

(2.) The S.H.O., Police Station Karauli, on the basis of the F.I.R. No. 203/1984 dt. Aug. 21, 1984 filed a charge-sheet against the accused petitioner and two others for the various offences including the offence under S.302, IPC. The learned Judicial Magistrate, Karauli committed the accused-persons to the learned Sessions Judge, Sawaimadhopur to face trial under S.302/34, IPC and other sections of the Penal Code. The accused-petitioner raised an objection before the learned Additional Sessions Judge that he was a child and as such he should be sent to the Children Court. The learned Additional Sessions Judge made inquiry in respect of the age of the accused-petitioner and held that the accused-petitioner failed to prove that he was child below 16 years of age.

(3.) The contention of the learned counsel for the petitioner is that on material on record, it was established that the accused-petitioner is 16 years of age or less and as such he is a child within the meaning of the provisions of the Rajasthan Children Act, 1970 (for short, the Act) and the only competent Court was the Children Court who could have tried the accused. It was stated by him that the Children Court only could have made the inquiry into the question whether the petitioner was child within the meaning of S. 2(d) of the Act and the learned Additional Sessions Judge, could not have made the said inquiry.