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Khivsingh and ors. Vs. State of Rajasthan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Case NumberS.B. Cr. Revision No. 88/1978
Judge
Reported in1978WLN(UC)316
AppellantKhivsingh and ors.
RespondentState of Rajasthan
Excerpt:
.....joint trial--two distinct offences committed by sets of accused--held, these be tried separately.;revision allowed - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child.....c. honniah, c.j.1. in this revision, petition, from the facts stated, it is clear that two distinct offences were committed by sets of accused persons. learned public prosecutor concedes that there should be two trials. accordingly, i direct that two cases be tried separately. the revision is accordingly allowed.
Judgment:

C. Honniah, C.J.

1. In this revision, petition, from the facts stated, it is clear that two distinct offences were committed by sets of accused persons. Learned Public Prosecutor concedes that there should be two trials. Accordingly, I direct that two cases be tried separately. The revision is accordingly allowed.


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