LAWS(RAJ)-2016-3-54

NISHA Vs. STATE OF RAJASTHAN & ANR.

Decided On March 30, 2016
NISHA Appellant
V/S
State Of Rajasthan And Anr. Respondents

JUDGEMENT

(1.) By this criminal misc. petition, a challenge is made to the order dated 27th July, 2011 whereby an order was passed on the application under Sec. 7 of Juvenile Justice (Care and Protection of Children) Act, 2000 (for short "Act of 2000 ").

(2.) Learned counsel for the petitioner submits that an application for determination of age under Sec. 7A of the Act of 2000 can be for the accused, who is claiming to be juvenile and cannot be for the victim. The application submitted by the respondent No.2 was allowed by the Court below in ignorance of the aforesaid and thereby, a direction was given to get the determination of age of the petitioner victim. Accordingly, the impugned order be quashed.

(3.) Learned counsel for the respondent/s has supported the order.