Supreme Court · 1979 INSC 135 · Decided 31 July 1979

Rohtas v. State of Haryana & Another

Court
Supreme Court of India
Citation
1979 INSC 135 · [1980] 1 S.C.R. 151
Case number
CRIMINAL APPEAL No. 170/1979
Decided
31 July 1979
Bench
S. MURTAZA FAZAL ALI, P.S. KAILASAM (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
CrPC; Constitution Article 254

Headnote

Crinzinal Procedure Code 1973 Sections 4 and 5-Scope of-Haryana Children Act, 1974 Sections 4, 29-B-Scope of. The appellant was charged with an offence under Section 302 l.P.C. B After the recording of evidence was concluded, it was pointed out that the sessions Judge bad no jurisdiction to try Haryana Children Act, 1974. On remand, the }.1agistrate found the appellant was a child and proceeded to try him under the Haryana. Act. In a revision petition filed by the brother of the deceas'ed, the High Court held that the provisions of the Criminal Procedure Code 1973 prevailed over the

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