The Sessions Judge has the jurisdiction to inquire into the matter of the accused's age, even if the accused raises an objection that he is a child.

M. B. SHARMA, J.

( 1 ) THIS revision petition is directed against the order dt. July 17, 1985, made by the learned Additional Sessions Judge, Gangapur City. Under the aforesaid order, the learned Additional Sessions Judge held that the accused-petitioner Chiranji does not appear to be 16 years of age and therefore it is not necessary to send him to the Children Court for trial of the offence of which he has been charged.

( 2 ) THE S. H. O. , Police Station Karauli, on the basis of the F. I. R. No. 203/1984 dt. Aug. 21, 1984 filed a charge-sheet against the accused petitioner and two others for the various offences including the offence under S. 302, IPC. The learned Judicial Magistrate, Karauli committed the accused-persons to the learned Sessions Judge, Sawaimadhopur to face trial under S. 302/34, IPC and other sections of the Penal Code. The accused-petitioner raised an objection before the learned Additional Sessions Judge that he was a child and as such he should be sent to the Children Court. The learned Additional Sessions Judge made inquiry in respect of the age of the accused-petitioner and held that the accused-petitioner failed to prove that he was child below 16 years of age.

( 3 ) THE contention of the learned counsel for the petitioner is that on material on record, it was established that the accused-petitioner is 16 years of age or less and as such he is a child within the meaning of the provisions of the Rajasthan Children Act, 1970 (for short, the Act) and the only competent Court was the Children Court who could have tried the accused. It was stated by him that the Children Court only could have made the inquiry into the question whether the petitioner was child within the meaning of S. 2 (d) of the Act and the learned Additional Sessions Judge, could not have made the said inquiry.

( 4 ) I have considered the contention of the learned counsel for the petitioner. The occurrence is said to have taken place on Aug. 20, 1984 at about 7. 30 p. m. near village Gadka Ki Chowki, Mauja Gadkipura. The accused-petitioner Chiranji was arrested on Sept. 2, 1984. In the arrest memo the age of the accused petitioner has been recorded as 20 years. child has been defined in S. 2 (d) of the Act. According to S. 2 (d) of the Act child means a boy who has not attained the age of sixteen years and a girl who has not attained the age of eighteen years. The childrens Court has been defined in S. 2 (e) of the Act which means a Court constituted under S. 2 (i) delinquent child means a child who has been found to have committed an offence.

( 5 ) UNDER S. 8 of the Act when any Magistrate not empowered to exercise the powers of a Board or a Childrens Court under this Act is of opinion that a person brought before him under any of the provisions of the Act (otherwise than for the purpose of giving evidence) is a child, he shall record such opinion and forward the child and the record of the proceeding to the competent authority having jurisdiction over the proceeding. The competent authority to which the proceeding is forwarded under sub-sec. (1) of S. 8 of the Act shall hold the inquiry as if the child had originally been brought before it. Under S. 24 of the Act notwithstanding anything contained in S. 239 of the Code of Criminal Procedure or in any other law for the time being in force no child shall be charged with or tried for any offence together with a person who is not a child. Under S. 32 of the Act where it appears to a competent authority that a person brought before it under any of the provisions of the Act (otherwise than for the purpose of giving evidence) is a child, the competent authority shall make due inquiry as to the age of that person and for that purpose shall take such evidence as may be necessary and shall record a finding whether the person is a child or not stating his age as nearly as may be. It will therefore be clear from the above referred to provisions of the Act that it is the only Children C