( 1. ) THIS order shall govern the disposal of both the cases mentioned above. These are references under Section 438 of the Code of Criminal Procedure. 1898, made bv the Fourth Additional Sessions Judge, Jabalpur, and the Fifth Additional Sessions Judge. Jabalpur. respectively recommendinp thettal orders, dated 30-31973 and 21-4-1973, passed bv the Juvenile Court. Jabalpur, in Criminal Case No. 120 of 1972 and Criminal Case No. 54 of 1973, respectively, committing the respective accused to stand his trial in the Sessions Court for an alleged offence under Section 376, I. P. C, be quashed on the ground that in view of the provisions of the Madhya Pradesh Bal Adhiniyam. 1970. a Juvenile Court alone has the jurisdiction to hold an inquiry and consequently, the Sessions Court has no jurisdiction to proceed with the trial of the respective accused.

( 2. ) IN the present case, the two accused, Ramesh and Shivram alias Munna, who are boys aged about 14 and 11 vears respectively, were produced before the Juvenile Court, Jabalpur. presided over bv Kumari Sheela Khanna and Shrimati Bai-pai, Honorary Magistrate, for an alleged offence under Section 376, I. P. C. The prosecution alle