Law: Bombay Children Act (XIII of 1924)

Section: 5, 22 27

(a) Bombay Children Act (XIII of 1924) S. 5 Juvenile offender Jurisdiction of Juvenile Court-Not exclusive-Bombay Children Act, 1924 does not bar trial of juvenile offenders by Courts other than Juvenile Courts. Demodar Gopal v. Emperor A I R 1942 Bom. 341 rel. (b) Bombay Children Act (XIII of 1924)-Juvenile offender Material age for purposes of Act-"Age" when child committed offence and tot age at time of conviction. (c) Bombay Children Act (XIII of 1924) Ss. 22 & 27 Juvenile offender-Murder-Sentence Juvenile accused sentenced to imprisonment under general criminal law-Sentence, held, not m maintainable in view of S. 22-Accused releas9d on furnishing two sureties for Rs. 5,000 each to be responsible ,for good behaviour of accused.   JUDGMENT INAMULLAH, J.-This is an appeal by `one Muhammad Zamin under section 410, Cr. P. C. against the conviction and the sentence passed by' our brother Munshi, J. on 31-1-56. The appellant was convicted and sentenced tinder section 304 (2) of the Penal Code and was sentenced to R. I. for 7 years. The trial was held with the aid of Jury. The Jury was divided and the majority verdict of 6.3 was, that the appellant was guilty. The facts shortly put are these The incident is alleged to have taken place at about noon' time on 4th November 1953 in the old barracks known as Polish Camp, Karachi. There is .a ration shop in the Polish Camp owned by the appellant Zamin and hip brother Yasin. The deceased Alihasan lived in one of the barracks of the Polish Camp. On the day of the incident the deceased Alihasan sent his daughter to purchase poppy pods from the rations shop of the appellant. The deceased Alihasan found the poppy pods to be unwholesome and brought it back to return. According to the prosecution stary Zamin was not prepared to take back the poppy pods with the result that there was altercation and exchange of abuses. Alihasan while going back to his house continued to abuse the appellant, the appellant pursued him and in the meantime one Abdul Rehman who was tried along with the appellant and was convicted, turned up and passed on a knife to the appellant Zamin grappled with the deceased Alihasan…