CHATTER SINGH Vs. HANWANT SINGH

JUDGEMENT

(1.) Mr. Tatia learned Advocate for the complainant in a State case, which is pending trial in the Children Court under the Rajasthan Children Act. 1970 (for short the Act) submit that this court in more than one decision as the Supreme Court of India have held that in a case under section 302 Indian Penal Code a child has to be tried by the Children Court, but his submission is that view taken needs reconsideration because section 26 of the Act was not taken note of.

(2.) Similar objection was raised before the Children Court and the said Court under its order dated July 29, 1983 repelled the contention. The State has not preferred any revision and it is the complainant who bas come to this court. It is well settled that this court is slow to interfere in revision by the complainant in a State case, unless the view taken by the court below is perverse. A look at section 24 of the Act will make it clear that notwithstanding anything contained in section 239 of the Code of Criminal Procedure (old) and any other law for the time being in force no child will be charged with or tried for any offence together with a person who is not child. The words used any offence are not without significance and they will even include an offence punishable under Section 302 Indian Penal Code. Mr. Tatia has referred to sub-section (2) of section 5 and to section 8 of the Children Act and to section 26 and section 27 of the Code of Criminal Procedure. In my opinion, the contention of Mr. Tatia has no force and a child even if he is an accused of an offence punishable under section 302 Indian Penal Code has to be tried under the Act. The Act being a special Act shall govern the cases of child as defined in the Act.

(3.) There is no force in this revision petition and is hereby dismissed.