IMPORTANT POINTS
1. Sections 20/32 of the Juvenile Justice Act, come into play at the initial stage when any person charged with an offence, appears or is brought and the said person is apparently ajuvenile.
2. When the trial court has already proceeded with the trial and the date has been fixed for defence evidence before the coming into force of the Juvenile Justice Act, 1986, it shall be taken as if the said Act has not been passed in respect of the proceedings.

JUDGMENT

J.P. Semwal, J. This revision is directed against the order dated 12.6.1991, passed by the 1st Additional District and Sessions Judge, rejecting .the application (88 Kha) of the accused applicant.

2. The accused applicant and one Raju moved an application 88 Kha, on 12.6.1991, before the lower court praying that their trial be separated from other co-accused and be transferred to the Juvenile Court in accordance with law. It was also prayed that suitable orders be passed for holding an enquiry by the Chief Judicial Magistrate or by the said court itself as contemplated under section 5 read with section 20/32 of the Juvenile Justice Act. Affidavit and papers in support of proof in regard to age, were also filed. Authorities were cited on behalf of the revisionist before the lower court. The lower court considered the authorities cited on behalf of the revisionist and came to the conclusion that there was no question of separating the case or holding an enquiry, because when in defence the accused give their evidence in support of their age, then it would be decided at the time of final sentence. In the opinion of the lower court, the applicants do not get any benefit of the rulings at this stage. The crime was committed before Juvenile Act came into force and, therefore, the lower court held that Children Act, would be applicable. Section 63 of the U.P. Children Act, 1951, provides joint trial of the child and the adult and that the sentence, if any, awarded to the child shall be in accordance with the provisions of this Act. In the result, the application 88 Kha, was rejected.

3. I have heard the learned counsel for the parties at considerable length and have considered the submissions made before me. The main ground of the applicant is that the order dated 12.6.1991, is against law and the lower Court has erred in holding that the provisions of Juvenile Justice Act, are not applicable.

4. Learned counsels referred to the provisions of Juvenile Justice Act 1986, Children Act 1960, and U.P. Children art 1951. It was conceded before me that Juvenile Justice Act, 1986, came into force subsequent to the occurrence in

the present case. According to the averments made in para 3 of the affidavit of Bundu Khan the alleged offence was committed on 9.3.1986, and the date of birth of the revisionist Kamil is 1.7.1971. It was, thus, argued by the learned counsel for the revisionist that the revisionist was below 16 years of age at the time of the occurrence. His contention was that the provisions of the Juvenile Justice Act would be applicable and section 24 of the said Act bars joint trial of juvenile and a person not a juvenile. He further argued that enquiry in accordance with the provisions of section 39 has to be held by the Juvenile Court under section 20 of the Act. He also referred to section 32 of the Act, regarding presumption and determination of the age of juvenile. Aware of the fact that occurrence had taken place and proceedings were started before the Juvenile Justice Act came in to force, the learned counsel for the revisionist argued that even if the provisions of the Juvenile Justice Act were not applicable, the provisions of Children Act 1960, having identieal provisions, would apply. The State Counsel refuted this contention and urged that the Children Act 1960 extended to Union Territories only. This contention has force in view of the preamble and section 1 of the said Act.

The Juvenile Justice Act 1986 (53 of 1986) came into force on 2.10.1987, in exercise of the powers conferred under sub-section (3) of section 1 of the Juvenile Justice Act 1986, by notification No. G.S.R. 710 (E), dated 13th August 1987. This Act extends to whole of India, except the State of Jammu and Kashmir. It is, thus, quite clear that the Juvenile Justice Act, 1986, came into force in U.P. on 2.10.1987. In exercise of powers under section 62 of the Juvenile Justice Act, 1986, the D.P. Government made applicable Juvenile Justice (D.P