LAWS(MEGH)-2013-7-20

WITTING N MARAK Vs. STATE OF MEGHALAYA

Decided On July 30, 2013
Witting N Marak, S/O (L) F Sangma Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) Heard Mr. SP Mahanta, learned counsel appearing for the petitioners and Mr. K Khan, learned PP appearing for the respondents.

(2.) This criminal revision petition is directed against the order of the Ad-hoc Judge, Fast Track Court, Tura dated 04.07.2013 declining to consider the claim of the petitioners/applicants that they were juvenile at the time of commission of the offence. On bare perusal of the order dated 04.07.2013, it is crystal clear that the learned Ad-hoc Judge, Fast Track Court, Tura had misread Section 7 A of the Juvenile Justice (Care and Protection of Children) Act, 2000 and also Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007.

(3.) The petitioners had filed the bail applications before this Court and those bail applications had been rejected by this Court vide order dated 13.05.2013 with the observations that "let the parties approach the learned Trial Court who shall decide the age of the accused in accordance with law." The copies of the said orders of this Court dated 13.05.2013 are available at Annexure-12 (in series).