High Court Of Rajasthan
Judgename : H.R.PANWAR
HEMA RAM AND ETC - Appellant
Versus
STATE OF RAJASTHAN - Respondent
Cri. Revn. Petn. 199 Of 2005
Decided On : 12/07/2005
Juvenile Justice Act - Determination of Accused's Age - [Juvenile Justice Act] - The court discussed the provisions of the Juvenile Justice Act, 1986, particularly Section 2(h) defining a 'juvenile' and the evidentiary value of documents such as school records and birth certificates in determining the age of the accused. The court concluded that the accused was not a juvenile based on the evidence presented.
Fact of the Case:
The accused was alleged to have committed murder and other offenses. The trial court determined the accused to be a juvenile based on evidence of his age, while the complainant challenged this determination.
Finding of the Court:
The court found that the accused was not a juvenile based on the evidence of his age and dismissed the accused's petition challenging the framing of charges, while allowing the complainant's petition and setting aside the order declaring the accused as a juvenile.
Issues: The main issue was the determination of the accused's age and whether he qualified as a juvenile under the Juvenile Justice Act, 1986.
Ratio Decidendi: The court relied on the evidence presented regarding the accused's age, including school records and birth certificates, and applied the provisions of the Juvenile Justice Act, 1986 to determine that the accused was not a juvenile.
Final Decision: The court dismissed the accused's petition challenging the framing of charges and allowed the complainant's petition, setting aside the order declaring the accused as a juvenile.
( 1 ) S. B. CRIMINAL Revision Petition No. 165/2000 under Section 397/401 of the Code of Criminal Procedure, 1973 is directed against the Order dated 3-4-2000 passed by the Additional Sessions Judge, deedwana (for short, "the trial Court" hereinafter) in Sessions Case No. 54/99, whereby the trial Court determined the age of accused hari Ram (for short, "the accused -petitioner" hereinafter) below 16 years on the date of alleged commission of the offence, i. e. on 30-10-1998 and declared him as juvenile and directed to be tried by the Juvenile Justice board, Ajmer. S. B. Criminal Revision petition No. 199/2005 has been filed by the accused against the order dated 1-2-2005 passed by the trial Court, whereby the trial court framed the charges against the accused for the offences under Sections 148, 302, 149, 325 read with Section 149 and 323/149, IPC. Aggrieved by the order holding the accused as juvenile, complainant-Hema Ram (for short, "the complainant" hereinafter) has filed S. B. Criminal Revision Petition No. 165/2000 and aggrieved by the order framing the charge, accused has filed S. B. Criminal Revision Petition No. 199/2005.
( 2 ) I have heard learned counsel for the parties. Perused the impugned order dated 3-4-2000 by which the accused was held to be a juvenile, as also the impugned order dated 1-2-2005 by which the trial court framed charges against the accused.
( 3 ) SO far as the impugned order dated 1-2-2005 framing charges against the accused is concerned, the brief facts giving rise to the instant case are that the complainant lodged a report on 30-10-1998 with the Police Station, Ladnu, district Nagaur, alleging therein that about twenty persons, including the accused-petitioner, started pelting stones, came armed with Lathis and barchhis and surrounded the house of the complainant situated in Mauja Khokhari in order to commit the murder of complainants father Poosa Ram. They assaulted Poosa ram and thereafter he was kidnapped and taken to the house of co-accused Narain ram and there also, Poosa Ram was given beating by the accused persons, which resulted in his death. It was also alleged that the complainant and his cousin Vikas and smt. vsantosh w/o Vikas were also given beatings by the accused persons. The police registered Crime Report No. 209/98 for the offences under Sections 147, 148, 452, 323, 325, 336 and 302, IPC. After usual investigation, the police filed the Challan against the accused persons, including the present accused-petitioner. On the case having been committed to the Court of the Additional Sessions Judge, during pendency of the case, an application dated 22-10-1999 was moved by the accused-petitioner seeking to declare him as a juvenile, i. e. below 16 years of age on the relevant date of the occurrence. The trial Court recorded the evidence of the parties and by the impugned order dated 3-4-2000, declared the accused-petitioner as juvenile.
( 4 ) FROM the perusal of the Challan papers, there are sufficients grounds to presume that the accused-petitioner, along with other co-accused, committed the murder of poosa Ram and caused injuries to the complainant, his cousin Vikas and Smt. Santosh w/o Vikas. Thus, prima facie, on close scrutiny of the material placed on record by the police in the form of Challan, I am of the view that the trial Court committed no error or illegality in framing the charge against the accused-petitioner, therefore, the Revision Petition no. 199/2005 filed by the accused-petitioner seeking quashing of the charges is devoid of any merit and deserves to be dismissed.
( 5 ) SO far as determination of the age of accused-petitioner is concerned, his father aw-1 Narain Ram appears as a witness and stated that his son, i. e. the accused-petitioner, was born on Kartik Sudi 1, Samvat year 2039. He was sent to school for pursuing the study. The certificate issued by the board of Secondary Education, Ajmer Ex. P/1, the Certificate of date of birth Ex. P/2 and the R
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