BANWARILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) For the murder of Asuram on 26.6.94, the police submitted a challan against 11 accused including Banwarilal S/o Shri Krishna (petitioner). After the charges were framed against the petitioner an application was filed by him stating that he was child on the date of occurrence, and therefore, his case should be sent to the Children Court. The learned Addl. Sessions Judge, who is holding trial of the case, after recording the evidence of the petitioner held vide order dated 13.8.96 that Banwarilal was not child and his trial would proceed in his court. This order has given rise to the petition.

(2.) Mr. Purohit, learned counsel for the petitioner, contended that by the oral and documentary evidence produced by the petitioner, it is fully established that Banwarilal had not attained 16 years of age on the date of occurrence, and therefore, the trial court ought to have sent his case to the Children Court. Relying on the cases of Umesh Chandra Vs. State of Rajasthan (1982 (2) SCC 202 , Balbir Singh Vs. State of Rajasthan, 1994 Cr.L.J. 2750 and Narsingh Vs. State of Rajasthan, 1997 Cr.LR (Raj.) 815 , he canvassed that the petition should be allowed and the case of the petitioner be directed to be sent to the Children Court.

(3.) Learned PP., on the other hand, relying on the report of the Medical Board, submitted that the petitioner was not less than 16 years of age on the date of occurrence. According to him the order passed by the learned Addl. Sessions Judge is proper.