MANIKANDAN Vs. STATE

JUDGEMENT

(1.) THE above criminal original petition has been filed by the second accused in S.C. No. 52 of 2006 on the file of Assistant Sessions Judge, Namakkal to set aside the order dated 31.1.2007.

(2.) THE short facts that are necessary for the disposal of the criminal original petition are as hereunder: On the basis of a complaint given by one Krishnan, a case in Crime No. 1043/2004 came to be registered on the file of the respondent for the alleged offence under Sections 323, 324, 325, 307 and 447 I.P.C. THE occurrence is said to have taken place on 7.9.2004. In the complaint, the age of the second accused/petitioner herein has been mentioned as 17 years whereas his date of birth is shown as 4.6.1987 in the transfer certificate issued by the school. THErefore, a petition in Crl. M.P. No. 792/2006 was filed to try the petitioner herein under the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the "Act") for separating the case as against him. In that petition, the Chief Judicial Magistrate held that the petitioner was a "juvenile" as on the date of occurrence. Accordingly, the Chief Judicial Magistrate sent a latter dated 14.12.2006 to the Principal Sessions Court, Namakkal, to separate the case as against the petitioner herein. THE learned Principal Sessions Judge directed the Chief Judicial Magistrate to proceed in accordance with law to determine the age of the petitioner. Hence, the petitioner was sent for ossification test x-rays were taken and the doctor has issued a certificate regarding the age of the petitioner and the doctor was examined as a witness. As per the report of the Radiologist, Ex-C1 and the x-ray - M.O.1 and on consideration of the evidence of the doctor, the learned Chief Judicial Magistrate held that the petitioner had completed 18 years of age and his age, as on the date of the order was 20 years. Aggrieved by the said order, the petitioner has filed the present criminal original petition".

(3.) ON the aforesaid submission, the learned Government Advocate (Crl.Side) was heard. Learned Government Advocate (Crl.Side) submitted that as per Section 2(k) of the Act "juvenile" has been defined as hereunder: