Aggrieved by the order of the High Court, the appellant moved this Court in special leave and at the time of granting special leave, this Court directed the High Court to return a finding of fact on the actual date of birth of the accused so that this Court may determine the applicability of the Act to the facts of the present case.
Appeal by special leave from the judgment and order dated the 23rd April, 1976 of the Rajasthan High Court in Criminal Revision No.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The accused was charged for offences punishable under sections 364 and 302 of the Indian Penal Code.
439 of 1976.
300 of 1974.
The objection taken by the appellant was that as he was below the age of 16 at the time of the occurrence on 12.3.1973, he companyld number be tried by the Additional Sessions Judge, Tonk or the Additional Sessions Judge, Jaipur city, to whom the case was transferred or 17.10.73 The Sessions Judge overruled the objection taken by the accused and therefore he filed a revision to the Rajasthan High Court against the order.
K. Venugopal, S.S. Khanduja, and G.C. Mishra for the Appellant.
D. Sharma for the Respondent.
Under the provisions of the Act any person below the age of 16 sixteen would be presumed to be a child and the trial of a delinquent child was to be companyducted in accordance with the procedure laid down therein.
The Judgment of the Court was delivered by FAZAL ALI, J. This appeal by special leave is directed against a judgment dated June 29, 1974 of the Rajasthan High Court overruling a preliminary objection taken by the accused before the Sessions Judge to the effect that the Sessions Judge, Tonk was number companypetent to try the case as the accused Umesh Chandra was a child as companytemplated by the provisions of the Rajasthan Children Act, 1970 hereinafter referred to as the Act on the date of the alleged occurrence.
This Act appears to have been passed by the Rajasthan Legislature, but after receiving assent of the President was enforced in various districts from time to time.
