Judgment

Rakesh Saksena, J. : -

Sessions Judge,- East-Nimar, Khandwa acting under Section 395 (2) of the Code of Criminal Procedure, 1973 (for short the 'Code') has made this reference under the following circumstances : -

"Judicial Magistrate First Class, Harsud, East-Nimar, Khandwa has committed Criminal Case No. 657/2011 to the Court of Session considering the case as one relating to offences against child in view of the Government of Madhya Pradesh Gazette Notification No. FA 17 (E)/3 8/201 0/2 1-B (One), dated 7th January, 2011 made in exercise of its power conferred under Section 25 of the "Commission for Protection of Child Right Act, 2005" (for short 'the Act'). Learned Magistrate in committal order has stated that since the offences under Sections 279, 337, 338, 427 of the Indian Penal Code and Section 3/181 of the Motor Vehicles Act were committed against the complainant, who was of 16 years of age 'i.e., a Child', these offences ought to have been tried by the Sessions Court, which was specified as Children's Court for the purpose of speedy trial of the offences against the children.

Observing that the 'Act' is silent on various important points relating to the trial of offe