9911796707
TMI Blog1979 (7) TMI 256X X X X Extracts X X X X X X X X Extracts X X X X ..... l Code for having caused the death of one Subhash on 23rd December, 1974. The trial proceeded before the Sessions Judge and after the evidence was concluded the case was adjourned to the 5th May, 1978 for recording the statement of the appellant. At this stage it appears to have been pointed out to the Sessions Judge that he had no jurisdiction to try the appellant as the appellant happened to fall within the provisions of the Haryana Children Act, 1974, for short, to be referred to as the Haryana Act. Thereafter the Sessions Judge remitted the matter to the Committing Magistrate directing him to hold an enquiry as to whether or not the appellant Rohtas was a child within the meaning of the provisions of the Haryana Act and after arriving a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted offences and who were below the age of 15. Such accused could be tried by a Magistrate on whom powers are conferred by Section 8 Subjection 1 of the Reformatory Schools Act of 1897 which also provided for the custody trial or punishment of such youthful offenders. This Section was expressly repealed by Section 65 of the Haryana Act which reads as below :- Certain Central Acts not to apply :- (1) The Reformatory Schools Act, 1897 (Central Act 8 of 1897), and Sections 29-B and 399 of the CrPC, 1898 (Central Act 5 of 1898), shall cease to apply to any area in which this Act has been brought into force. (2) The Women's and Children's Institutions (Licencing) Act, 1956 (Central Act 105 of 1956), shall not apply to any Ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 1898. It is not disputed in the present case that the occurrence in the present case took place after coming into force of the Code of 1973 and if, therefore, the Code of 1973 applies to the present trial then it is obvious that the trial has to be held not in accordance with the provisions of the Haryana Act but according to the provisions of the Code of 1973. So far as the Code of 1973 is concerned, it was amended by Act II of 1974 and came into force w.e.f. April 1, 1974. Section 4 of the Code of 1973 clearly lays down that all offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions of the said Code. Thus at the first sight the contention of the respondent t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 5 of the Code of 1973 appears to ^be fully protected by the provisions of Section 5 of the Code of 1973 as indicated above. 7. In these circumstances, we are clearly of the opinion that the High Court was in error in holding that the Code of 1973 over-ruled the Haryana Act and that the appellant should have been tried under the Code of 1973. We are satisfied that the view taken by the Sessions Judge on this point was correct and the case of the appellant should have been referred to the Magistrate concerned for trial in accordance with the provisions of the Haryana Act. 8. We, therefore, allow this appeal, set aside the judgment of the High Court and restore that of the Sessions Judge as a result of which the appellant will now ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
