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1989 Supreme(Bom) 105

G.D.KAMAT
SARITA NARAYAN SAWANT – Appellant
Versus
STATE – Respondent


JUDGEMENT

The essential controversy in this revision application is whether Sarita and Sharmila, who are admittedly 15 and 17 years old, are to be tried by the Court of Session under the Code of Criminal Procedure, 1973 or to be proceeded with under the provisions of the Juvenile Justice Act, 1986 by the authorities mentioned thereunder.

2. The facts are very simple. For an offence of murder and other related offences under S.324 and others purported to have been committed on 19th April, 1988, the petitioners along with Satish Narayan Sawant, Mohan Narayan Sawant and Smt. Yeshoda Narayan Sawant were chargesheeted by the Ponda Police. On perusal of the chargesheet on July 8, 1988 the Judicial Magistrate, Ponda, committed aforementioned Satish, Mohan and Smt. Yeshoda to the Court of Session to answer the charge under Sections 302, 323, and 324 read with S.34 of the Indian Penal Code. Admittedly this was an order made under S.209 of the Code of Criminal Procedure and while doing that the Magistrate directed that the petitioners be tried by him for the offences under Sections 143, 147, 149, 323 and 504 of the Indian Penal Code. The Magistrate believed that he was perforced to make such









































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