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Rajasthan High Court · body

1990 DIGILAW 239 (RAJ)

Amara Ram v. State

1990-03-29

SOBHAG MAL JAIN

body1990
JUDGMENT 1. - This petition under Section 482, Cr.P.C. is directed against the order dated February 7, 1990 of the Sessions Judge, Merta, dismissing the application filed on behalf of the petitioner that he was a child and should be dealt with under the Children's Act. 2. The learned Sessions Judge has dismissed the application of the petitioner on the ground that no evidence was produced on his behalf to substantiate the fact that he was a child on the date of the occurrence and that the medical certificate issued by the doctor belied his contention. 3. Counsel for the petitioner has submitted that a photo-state copy of the transfer certificate, issued by the Goliya School, Nagaur, was produced. However, as the original certificate was not produced in the trial Court, the learned Sessions Judge has refused to rely on the photo-state copy. Learned counsel submits that he has got the original with him and if an opportunity is given to the petitioner, he shall produce the original certificate and other evidence to show that the accused was less than 16 years of age on the date of the occurrence. 4. Having regard to the policy and the object of the Act that children, accused of an offence, should be kept separate from hardened criminals and should be dealt with only in accordance with the provisions of the Act, it appears to me just and proper that the petitioner should be given sufficient opportunity to adduce evidence to show that he was a child when the occurrence took place. 5. Accordingly, the order of the Sessions Judge dated February 7, 1990, is set-aside and the matter is remitted back to the Sessions Judge, Merta, to decide the application afresh. The appellant/petitioner shall be given one more opportunity to adduce evidence in support of his case that he was a child on the date of the occurrence. 6. With these observations, the petition stands disposed of.Petition disposed of. *******