TARA CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application under Section 438, Cr. P.C. filed by the petitioner who has contended that he is a juvenile as defined under the Juvenile Justice (Care and Protection of Children) Act, 2000 against whom a case under Sections 341, 354, IPC and under Section 3(l)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been registered.

(2.) It is contended that Special Judge while dealing with the bail application under Section 438, Cr. P.C. in the order dated 1 -5-2007 in para 6 has noticed the fact that the date of birth of the accused petitioner, as per the certificate of the school is 1-2-1990, according to which the accused petitioner is below 18 years of age and, therefore, a juvenile, as defined under Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000.

(3.) In the facts and circumstances, therefore, it is submitted that under sub-section (2) of Section 6 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as "the Act of 2000"), the learned Sessions Judge before whom the matter came up had the power to deal with the case of the accused petitioner in terms of sub-section (2) of Section 6 under the provisions of the Act.