1. Vide order dated 20-12-2002, learned Sessions Judge, Bhaderwah, remitted the case captioned State v. Raju registered under F.I.R. No: 68/ of Police Station Gandoh u/s- 376-R.P.C, C.J.M concerned on the ground that accused before him was only fourteen/fifteen years of age and, as such, being below sixteen years could be tried by a Children™s Court only. On receipt of file, the concerned C.J.M. under his order dated 15-9-2003 made a reference to this Court for having impugned order quashed on the ground that trial of the accused, minor, would have to be conducted under Juvenile Justice Act and not Children™s Act, which was disposed off by this Court vide order dt. 26-2-2004 with the observation that learned C.J.M. being under the revisional jurisdiction of Sessions Court should not have sent the reference to this Court, directly, and with that observation, returned the file to concerned C.J.M., who under another order dt. 12-3-2004 submitted the file to concerned Sessions Court for appropriate orders.

2. On receipt of file from C.J.M., learned Sessions Judge made this reference with the observation that Juvenile Justice Act of 1997 having coming into force and Children™s Act of 19

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