Indu Prabha Singh, J.

1. This is an application filed u/s. 482 of the Code of Criminal Procedure, 1973 (in short the Code). It is directed against the entire proceeding against the present petitioner arising out of Baikunthpur P.S. Case No. 44 of 2000 (G.R. No. 543/2000) and also for a direction to the learned Additional Chief Judicial Magistrate, Gopalganj to pass an order of acquittal and for the release of the petitioner in Trial No. 162 of 2003.

2. It has been contended that the aforesaid case was instituted against the present petitioner on 30.3.2000 and in absence of Juvenile Board it proceeded in the Court of the learned Additional Chief Judicial Magistrate, Gopalganj. As yet the enquiry trial against the petitioner has not been concluded even after the lapses of four years six months. The petitioner was sent to remand home on 7.4.2000 and since then he is rotting there. Due to the illegal and arbitrary action of the learned Court below the freedom and liberty of the petitioner have been violated. Earlier the petitioner had twice unsuccessfully moved for his bail before this Court by filing Cr. Revision Nos. 433 of 2001 and 179/2003.

3. The prosecution case, in short, is that the FIR u/s. 376 of the Indian Penal Code was recorded on 30.3.2000 against the present petitioner on the basis of the fardbeyan of the mother of the victim girl who was only six years old. According to the fardbeyan at about 3 p.m. on 29.3.2000 the victim girl aged only six years was sexually assaulted by the present petitioner resulting in bleeding injuries on her private part. The FIR was recorded and charge-sheet submitted.

4. The petitioner has contended that there has been delay in lodging the FIR and there was no medical examination of the victim girl. There is enmity between the parties. By the order dated 3.9.2003 passed in T. No. 162 of 2003 the learned Addl. Chief Judicial Magistrate has rejected the prayer of the petitioner for his acquittal. The enquiry/trial has not been completed even after the lapse of 4-1/2 years which is contrary to the law. The petitioner has been lodged in the remand home on 7.4.2000 and since then he is rotting there. On his behalf it has now been submitted that the period of his continuing in the remand home could be more than 5-1/2 years. It has, therefore, been prayed that this application may be allowed and the petitioner may be acquitted of the charge framed against him. In any case he may be released from the remand home.

5. I.A. No. 298 of 2005 has been filed in this case in which it has been prayed for staying the transfer of this petitioner from the remand home custody to jail and also for the expeditious disposal of the matter inasmuch as the petitioner is rotting in remand home confinement for more than four years whereas the maximum punishment in the matter concerned is only three years. .It was accordingly, prayed for the stay of the transfer of the petitioner to jail custody.

6. The parties have been heard at length in the matter, The FIR in this case was instituted on 30.3.20.00 with respect to an occurrence said to have taken place on 29.3.2000. It has been contended that on the alleged date of occurrence the petitioner was a Juvenile within the meaning of the Juvenile Justice Act, 1986 (hereinafter called as 1986 Act), This Act was made applicable to this State on 2.10.1987. In this connection it may be noticed that with the growth of population and industrialisation children are being neglected by their own parents and come in contact with evil elements in the society. Many of such children who are charged as criminals are themselves victim of the circumstances prevailing in the society. Different States framed legislation for dealing with the children alleged to have committed different offences. Initially Bihar Children Ordinance, 1973 (Ordinance No. 33 of 1973) was promulgated which was ultimately replaced by Bihar Children Act, 1982. Later the Parliament enacted the above mentioned