1985 CRI. L. J. 245 ::(1984) 11 CriLT 361 ::(1984) 11 CriLT 290 ::1985 ChandLR(Civ&Cri) 234 ::1985 (1) RecCriR 305 ::(1985) Sim LC 13 ::(1985) 1 AllCriLR 247 ::(1984) CurLJ(CCR) 535 ::I.L.R.(H.P.) 1984 HP 533

Himachal Pradesh High Court

Hon'ble Judge(s): T. R. Handa , J

Himachal Pradesh Children Act (21 of 1979) , S.2(d), S.7(2), S.23(1), S.34(1)— Delinquent child - Trial - Child below 16 years of age charged for offences under Ss.363, 366, 376, I.P.C. - His trial and conviction recorded thereon by Sessions Court would be vitiated in law. Penal Code (45 of 1860) , S.363, S.366, S.376— In the case of a delinquent child, that is, a child under 16 years of age involved in an offence, a special procedure has been prescribed to deal with him. He is not to be tried under the ordinary law as found in the Code of Criminal Procedure but dealt with under the relevant provisions of the Act. These provisions contemplate no trial but only an inquiry which is conducted according to the procedure that may be prescribed and subject thereto the procedure laid down in the Code of Criminal Procedure for trials of summons cases is to be followed. The procedure adopted for the trial of warrant cases or of Sessions cases is clearly ruled out in dealing with a delinquent child. No other Court except the Children's Court or the Court of the Chief Judicial Magistrate or the Court of the Judicial Magistrate, Ist Class is empowered to deal with or hold inquiry against a delinquent child. Where a delinquent child is produced before a Court not competent to hold an inquiry against him it is the duty of such Court to forward the del....