Judgment

Arijit Pasayat, J.—Leave granted.

2. The only point involved in this case is whether the respondent No. 2, who was admittedly more than 16 years of age on 17.11.1999 when he purportedly committed offences punishable under Sections 302, 364, 201 read with Sections 34 and 120B of the Indian Penal Code, 1860 (in short the ‘IPC’) would be given the benefits of Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the ‘2000 Act’) and would not be governed by the Juvenile Justice Act 1986 (in short the ‘1986 Act’).

3. Factual position is undisputed and is essentially as follows :

A first information report was lodged on 20.11.1999 alleging commission of the aforesaid offences on 17.11.1999. Charge sheet was filed and charges were framed. After filing of the charge sheet respondent No. 2-Accused Sandeep made an application to the Court of Chief Judicial Magistrate, Bhiwani praying that he should be considered to be a juvenile under the 2000 Act. Since on the date of commission of offence, 1986 Act was in force and according to its provision the accused was not juvenile being above sixteen years of age, the application was dismissed. However, learned