JAWARI LAL BHATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the present petition under Section 482, Criminal Procedure Code. the petitioner has prayed for quashing order dated 7.12.2004 passed by Additional. Sessions Judge (Fast Track) No. 1, Jodhpur in Criminal Regular Case No. 80/2004.

(2.) Facts of the case indicate that an F.I.R. was registered against Manohar Lal, son of the present petitioner Jawari Lal for offence under Sections 376 and 323, Indian Penal Code. at Police Station Bilara. It is contended by learned Counsel for the petitioner at the time of occurrence the accused was only about 17 years of age and, therefore, under the definition given in the Juvenile Justice (Care and Protection of Children) Act, 2000 (in short, 'the Act' hereinafter), male child means a male child who has not completed the age of 18 years and as such the trial is required to be conducted before the Juvenile Board; but, the police, after investigation, have filed challan against Manohar Lal, son of petitioner, before the A.C.J.M., Bilara and the learned Magistrate before whom challan has been filed committed the case for trial before the Sessions Judge, Jodhpur. The case was thereafter transferred for trial to the Additional Sessions Judge (Fast Track) No. 1, Jodhpur.

(3.) It is contended that the application was filed by Manohar Lal before the learned Sessions Judge on 30.6.2005 praying that at the time of occurrence the petitioner's son Manohar Lal was 16 years 9 months old and, therefore, under the definition of child given in Section 2(k) of 'the Act', the matter required to be transferred for trial to the Juvenile Board treating the accused juvenile offender. On 12.7.2004, the learned trial Court passed order and proceeded to make enquiry for determining the age of the petitioner's son Manohar Lal. Accordingly, the accused was directed to produce documents and oral evidence in support of his age. During the course of enquiry, witnesses were examined and statements of Dinesh Kumar, Dr. Premdas Goyal and Jawari Lal were recorded. Documents, Ex.P-1 scholar register and Ex.P-2 horoscope were exhibited in-support of the age of the accused. Petitioner Jawarilal, father of the accused, filed his affidavit to support the application and certificate issued on 15.4.2000 by Ambedkar Public School, Chawandiya Kalan was also filed alongwith photostat copy of mark-sheet for the Sessions 1993-94, attested by the Head Master, Government Secondary School, Pipar Shahar. The learned trial Court, after recording the evidence and taking into account the documents filed by the accused, rejected the application vide order dated 7.12.2004. The trial Court arrived at the finding that as the school certificates filed by the accused in support of his contention with regard to age are also not acceptable because the certificate is issued by private school and has not been proved by the authorised officer. The trial Court held in the impugned order that on the date of occurrence the age of the accused was eighteen and half years. The trial Court also took into account the fact that when the case was committed to the Sessions Court no objection was taken by the accused nor the accused submitted at that stage that due to his adolescent age the matter required to be tried by the Juvenile Board.