MD.ALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Criminal Revision is directed against the order impugned dated 17.3.2004 passed by the IXth Additional Sessions Judge, Hazaribagh in S.T. No. 478 of 1998 whereby and whereunder the petition filed on behalf of the petitioner Md. Alam on 28.1.2004 for remitting back his case to the Juvenile Justice Court on the ground of his being Juvenile on the date of alleged occurrence under Juvenile Justice (Care and Protection of Children) Act, 2000 was rejected.

(2.) THE petitioner stood charged for the offence under Sections 341/323/325/ 307 read with Section 34 of the Indian Penal Code alongwith the co -accused arising out of Katkamsandi P.S. Case No. 55 of 1998 and was put on trial. The brief facts of the case was that the petitioner alongwith three others named in the First Information Report went to the house of the informant, Fahiman Khatoon at village Dhengure, called out her husband Allaucddin Mian and her son lItaf. When both came out, the petitioner and others started abusing them and in the same sequence, it was alleged, that the petitioner inflicted danda blow on the head of lItaf as a result of which, he fell down and became unconscious. Thereafter all the accused persons escaped. The occurrence took place on 6.5.1998 but the case was registered on 8.5.1998 after two days.

(3.) THE learned counsel challenged the propriety of the order impugned passed by the learned Judge by submitting that the court concerned had no jurisdiction in the instant case to make an enquiry ascertaining the age of the petitioner as to whether he was juvenile at the relevant time of alleged occurrence. The trial court ought to have sent the case for enquiry to the Juvenile Justice Board. The date of the alleged occurrence as stated earlier was on 6.5.1998 and it was now settled under the new Act, 2000 that the date of commission of the offence has to be taken into consideration in respect of a Juvenile alleged to be found in conflict with law.