BHAWANI SINGH Vs. STATE

JUDGEMENT

(1.) THE instant criminal revision petition under Section 397 r/w Section 401 of the Code of Criminal Procedure, 1973 seeks quashing of the order dated 27. 5. 2005 passed by the learned Addl. Sessions Judge, Khetri Distt. Jhunjhunu in Sessions Case No. 31/2002 whereby the application moved by the petitioner for transferring the case of accused Kapinder Singh to the Juvenile Justice Board for trial has been dismissed.

(2.) BRIEFLY stated, the relevant facts necessary for the disposal of this revision petition are that a criminal case came to be registered on the basis of first information report lodged by Bhawani Singh. After investigation charge-sheet was filed and the case was committed to the Court of Sessions for trial. The Trial Court inquired into the age of Kapinder Singh and recorded a finding that his age was 17 years 10 months and 12 days on the date of occurrence. The Juvenile Justice (Care & Protection of Children) Act, 2000 (here-in-after in short "the Act of 2000") came into force on 1. 4. 2001. Obviously, the Act of 2000 was in force when the occurrence of this case took place. Still, the learned court below declined to send the case to the Juvenile Justice Board observing that his case would be remitted to the Board only if he is found guilty in view of the provisions of Section 20 of the Act of 2000. Aggrieved by the said order, the complainant has preferred this revision petition.