Sunil Kumar Garg, J. - (1.) This criminal misc. petition under section. 482 Criminal Penal Code has been filed by the petitioner-accused against the order dated 28.8.2001 passed by learned Additional Sessions Judge, Bali in Sessions Case No. 44/2000 by which the learned Judge dismissed the application filed by the accused-petitioner for treating her to be a juvenile.
(2.) This misc. petition arises in the following circumstances : (i) A FIR was lodged on 16.9.2000 on the report of Smt. Tija for murder of her husband and after investigation the police filed challan against the present accused-petitioner as well as other accused persons in the Court of Additional Sessions Judge, Bali. Thereafter, on 24.1.2001, an application was filed by the father of present accused-petitioner u/s. 32 of the Juvenile Justice Act, 1986 (hereinafter referred to as 'the Act of 1986') stating that the accused-petitioner - Chouthi was near about 16 and 1/2 years of age on the date of occurrence and, therefore, her trial should be held under the provisions of Act of 1986.
(3.) Through impugned order dated 28.8.2001, the learned Additional Sessions Judge rejected the application filed by the accused-petitioner and he came to conclusion that as per medical report, her age was determined between 17 to 19 years and, therefore, she was above 18 years of age.;