SANJAY PATEL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The applicant-petitioner no.1 in S.L.P.(Crl.) No.5604 of 2009 (accused no.2) was convicted by the Sessions Court on 16/5/2006 for the offence punishable under Sec. 302 of the Indian Penal Code. The applicant was sentenced to undergo life imprisonment. The offence was committed on 8/1/2004. Appeals preferred by the applicant and others before the High Court of Allahabad were dismissed. Being aggrieved, Special Leave Petitions (Crl.) Nos.5604-5605 of 2009 were filed by the applicant and others. By the order dtd. 13/8/2009, Special Leave Petition, as far as the present applicant is concerned, was dismissed by this Court.

(2.) The present Miscellaneous Application has been filed by the applicant-petitioner no.1 contending that the date of his birth is 16/5/1986 and, therefore, on the date of commission of the offence, he was a juvenile. By relying upon various documents such as High School results declared by the Board of High School and Intermediate Education, Uttar Pradesh, the applicant has claimed that he was a juvenile on the date of the incident.

(3.) By order dtd. 31/1/2022, this Court directed the Juvenile Justice Board, District Maharajganj to hold an inquiry into the claim of the applicant that he was a juvenile on the date of commission of the offence. In terms of the said order, after holding an inquiry, the Juvenile Justice Board has passed an order dtd. 4/3/2022 holding that the correct date of birth of the applicant is 16/5/1986. Therefore, on the date of commission of the offence, his age was 17 years 07 months and 23 days. Oral and documentary evidence was adduced before the Juvenile Justice Board during the course of the inquiry. After considering the documentary evidence on record, the aforesaid finding has been recorded by the Juvenile Justice Board. This Order has not been challenged by the State and is allowed to become final.