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2006 Supreme(Raj) 534

H.R.PANWAR
Malla Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Sandeep Mehta, for Petitioner J.P.S. Choudhary, P.P. B.S. Rathore, for Complainant

Honble PANWAR, J.–By the instant criminal revision petition under Section 397/401 of the Code of Criminal Procedure, 1973 (for short `the Code hereinafter) the petitioner has challenged the order dated 10.6.2005 passed by Additional Sessions Judge (Fast Track) No. 2, Pali (for short `the trial court hereinafter) in Criminal Misc. Case No. 12/2005, whereby the trial Court held that the petitioner is not juvenile as envisaged under Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short `the Act hereinafter). Aggrieved by the order impugned, the petitioner has filed the instant revision petition.

(2). I have heard learned counsel for the parties. Perused the order impugned and record of the trial Court.

(3). Section 2(k) of the Act provides that `Juvenile or `child means a person, who has not completed eighteenth year of age. The relevant date to determine as to whether the person who committed the offence was juvenile or not, is the date of commission of crime.

(4). It is contended by the learned counsel for the petitioner that the occurrence in the instant case took place on 4.12.2004 and as per the school certificate, the date of birth of the petit






















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