- (1.) O. P. Jain, J. This is an application under Section 482, Cr. P. C with a prayer that the applicant who, according to him, is a juvenile, may be tried separately by a juvenile court, Varanasi.
(2.) THE brief facts of the case are that on 18th Sept. , 1993 one Narottam Chandgotia was attacked with knife by accused Ram Babu and the applicant Pankaj Kumar Tripathi was standing there with a knife in his hand. According to the prosecution, accused Pankaj Kumar and Ram Babu has taken lift from the deceased Narottam Chandgotia in his car and they committed his murder while travelling by the same car. Both the accused are alleged to have been caught red-handed by the people who were present there. During committal proceedings Suneeta Tripathi, mother of the applicant Pankaj Kumar Tripathi, filed an application on 23rd September, 1993 that her son was born on 25-6-1978 and on the date of offence he was only 15 years and three months of age. He is, therefore, a juvenile who cannot be detained in the jail and should be sent to some Correction Home. The learned Chief Judicial Magistrate, before whom the application was filed, considered the matter thoroughly and after taking into consideration the High School certificate, birth certificate. Kutumb register, horospcope produced on behalf of the accused and the report submitted by the C. M. O, Sonbhadra, according to which the age of the accused was about 18 years, rejected the application of Smt. Suneeta Tripathi by a detailed order. It is this order which is under challenge under Section 482, Cr. P. C.
(3.) THE main contention, raised on behalf of the accused applicant, is that the only "competent court" which means a juvenile court, can determine the age of the offender and that the C. J. M. or any other authority has no such power. The learned counsel has cited 1990 SCC (Cri) 38, Munna v. State, 1989 SCC (Cri) 374, S. C Legal Aid Committee v. Union of India and others, 1989 SCC (Cri) 486 in support of the contention that the court should be vigilant to protect the interest of the juvenile.;