Proper forum for trial of juvenile and adult.

VENKATARAMAN, J.

This is a reference by the learned Sessions Judge of Tirunelveli to transfer J.C. No. 264 of 1972 pending against juvenile Pandi, from the file of the Juvenile Court. Tirunelveli, to the Court of Session. The circumstances under which the reference has been made are these. A charge-sheet was filed by the police in the Court of the Sub-Magistrate, Nanguneri, against two persons, one Perennial and his son the said Pandi, on the allegation that Pandi committed an offence of murder (Section 302 of the Indian Penal Code) and that the father abetted the commission of the said offence and was punishable under Section 302 read with Section 34 or Section 302 read with Section 109 I.P.C. At the time of the filing of the charge-sheet Pandi was less than eighteen years of age and was a young person as defined in Section 3 of the Madras Children Act, 1920. The case against him was split up, and the case against the father was taken on file by the Sub-Magistrate, Nanguneri, as P.R.C. No. 21 of 1972. Then a separate charge-sheet was filed against Pandi in the Juvenile Court. Tirunelveli, and it was taken on file as J.C. No. 264 of 1972. The trial of that case is pending in that Court. In respect of Perumal, the Sub-Magistrate, Nanguneri, held a preliminary enquiry under Chapter XVIII of the Code of Criminal Procedure, and committed Perumal to take his trial in the Court of Session for an offence under Section 302 read with Section 34 I.P.C. The case was taken on file by the Court of Session as S.C. No. 112 of 1972. Charges under Section 302 read with Section 34 or in the alternative under Section 302 read with Section 109 I.P.C. were framed. The trial of that case is over and the case is pending delivery of judgment.

2. It was at this stage the learned Sessions Judge made this reference to transfer J.C. No. 264 of 1972 from the file of the Juvenile Court to the Court of Session to be tried by the Sessions Judge before pronouncing judgment in S.C. No. 112 of 1972. He has adopted this course on the basis of the judgment of Maharajan, J., D/- 22-6-1972 in Cri.R.C. No. 444 of 1972 in re Karalan (1972 Mad LW Cr 196) wherein the learned Judge observed :

"Where a plurality of persons jointly take part in an offence and some of them happen to be adults and others happen to be juveniles, it is eminently desirable and certainly permissible that the same forum tries all the accused, adult and juvenile, not jointly but separately, trying the adult accused in accordance with the provisions of the Code of Criminal Procedure and the juvenile accused in accordance with the provisions of the Madras Children Act and the rules framed thereunder. Such a procedure will, besides avoiding conflict of decisions in respect of the same occurrence, instil in the minds of the accused the confidence that even handed justice is rendered to them at least in the matter of appreciation of the evidence, without any discrimination being shown merely on the ground of age." *

3. In Crl.M.P. No. 996 of 1973 a similar reference has been made by the Assistant Sessions Judge of Tirunelveli in transfer J.C. No. 239 of 1972 from the file of the Juvenile Court to the Court of Session to be tried by the Assistant Sessions Judge who tries S.C. No. 119 of 1972. There it was alleged that two adults committed offences under Sections 450 and 376 I.P.C. and a juvenile abetted the offences. The Sub-Inspector of Police filed a charge-sheet against the adults in the Court of the Sub-Magistrate, Tenkasi. The Sub-Magistrate took it on file as P.R.C. No. 10 of 1972 and committed the accused to the Court of Session, the case was taken on file as S.C. No. 119 of 1972 and was made over to the Assistant Sessions Judge for trial. The Sub-Inspector of Police filed a separate charge-sheet under Sections 450 and 376 I.P.C. against the juvenile in the Juvenile Court and it was taken on file as J.C. No. 239 of 1972, the trial is yet to start both before the Assistant Sessions Judge