MOHANDASS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Notice was given to the learned Public Prosecutor, who has accepted the same.

(2.) Heard.

(3.) It appears that the S.H.O., Police Station, Suratgarh submitted a charge-sheet in the Court of Principal Magistrate, Juvenile Court (C.J.M.), Sri Ganganagar against accused Nathu Ram for the offences under Sections 327, 326, 324 read with 34 I.P.C. The complainant Mohan Dass submitted an application dated 29-7-94 alleging that the age of accused Nathuram was more than 16 years on the date of alleged occurrence which occurred on 4-1-1992. The learned Magistrate relying on the certificate issued by the doctor dated 20-1-92 and the certificate of the Head Master, J. R. Primary School, Suratgarh without holding a regular enquiry under Section 32 of the Juvenile Justice Act held that on the day of occurrence the age of the accused was 14 years and dismissed complainant's application and fixed the case for recording the evidence.