KAILASH SINGH Vs. RAMBIR SINGH

JUDGEMENT

(1.) THIS petition u/sec. 397 read with Section 401 Cr. P. C. is directed against the order dated 16. 4. 2003 passed by the learned Additional District & Sessions Judge, (Fast Track) No. 3, Bharatpur holding non-petitioner No. 1 Rambir Singh as a juvenile and directing the S. H. O. P. S. Sewar, District Bharatpur to submit separate charge-sheet against him for offences u/ss. 376, 306 and 457 IPC in FIR No. 288/2002 P. S. Sewar and further directing non-petitioner No. 1 to appear before the Juvenile Justice Board at Bharatpur on 8. 5. 2003.

(2.) THE sole contention of the learned counsel for the petitioner is that the trial Court has neither considered the provisions of Section 49 of the Act of 2000 non provisions of Rule 22 (5) of the Rajasthan Juvenile Justice (Care and Protection of Children) Rules, 2002 (in short "rules of 2002") and has wrongly held non-petitioner No. 1 as juvenile without conducting due enquiry regarding his age.