- (1.)THE applicant (accused) claiming himself to be juvenile being 17 years of age on 28-6-2002 the day of the commission of the alleged offence under Section 376 of the Indian Penal Code, filed an application under Section 49 of the Juvenile Justice (Care and Protection of Children) Act, 2000. The learned Additional Sessions Judge, Sihora vide orders dated 22-5-2003 passed in Sessions Trial No. 654/2002 rejected the application of the applicant. Hence this revision.
(2.)IN support of his claim before the Court below, the applicant had examined his mother Kesharbai (P. W. 1), Headmaster of the Govt. School, Jagdeoprasad (P. W. 2) and his brother Chandrabhah (P. W. 3 ). The non-applicant did not led any evidence and relied only on the ossification test report done in pursuance of the order of the Judicial Magistrate First Class, Sihora.
(3.)THE Additional Sessions Judge after considering the evidence on record has held that the applicant was not a 'juvenile' as per Section 2 (k) of the Juvenile Justice Act, 2000 as he was of more than 18 years of age on the date of the commission of the alleged offence.