REGENT COMPUTRONICS PVT. LTD.

PRATAP SINGH Appellant

V/S

STATE OF JHARKHAND Respondents

Referred Judgements :-

GOPINATH GHOSH V. STATE OF W.B. [REFERRED TO]
S. V. MAKANYANE [REFERRED TO </RC>]
REGINA (DALY) V. SECRETARY OF STATE FOR THE HOME DEPARTMENT [REFERRED TO]
RATTAN LAL VS. STATE OF PUNJAB [REFERRED TO]
UMESH CHANDRA VS. STATE OF RAJASTHAN [REFERRED TO]
BIRAD MAL SINGHVI VS. ANAND PUROHIT [REFERRED TO]
BHOOP RAM VS. STATE OF UTTAR PRADESH [REFERRED TO]
PRADEEP KUMAR KRISHAN KANT JAGDISH VS. STATE OF UTTAR PRADESH [REFERRED TO]
CHARANJIT KAUR VS. UNION OF INDIA [REFERRED TO]
BHOLABHAGAT PRABHUNATH PRASAD CHANDRA SEN PRASAD VS. STATE OF BIHAR [REFERRED TO]
ARNIT DAS VS. STATE OF BIHAR [OVERRULED]
BHAVNAGAR UNIVERSITY VS. PALITANA SUGAR MILL PRIVATE LIMITED [REFERRED TO]
CHEF FOREST CONSERVATOR WILD LIFE VS. NISAR KHAN [REFERRED TO </RC>]
INDIAN HANDICRAFTS EMPORIUM VS. UNION OF INDIA [REFERRED TO]
SUSHIL KUMAR VS. RAKESH KUMAR [REFERRED TO]
ITW SIGNODE INDIA LIMITED VS. COLLECTOR OF CENTRAL EXCISE [REFERRED TO]
ASHOK LEYLAND LIMITED VS. STATE OF TAMIL NADU [REFERRED TO]
UNION OF INDIA VS. NAVEEN JINDAL [REFERRED TO]
BASHEER ALIAS N P BASHEER VS. STATE OF KERALA [REFERRED TO]
ANDHRA BANK VS. B SATYANARAYANA [REFERRED TO]
DEEPAL GIRISHBHAI SONI VS. UNITED INDIA INSURANCE COMPANY LIMITED BARODA [REFERRED TO]
DAYAL SINGH VS. STATE OF RAJASTHAN [REFERRED TO]
STATE OF UTTAR PRADESH VS. JOHRI MAL [REFERRED TO]
ZILE SINGH VS. STATE OF HARYANA [REFERRED TO]
DILIP SAHA VS. STATE OF WEST BENGAL [REFERRED TO]

JUDGEMENT

(1.) On behalf of N. Santosh Hegde, S. N. Variava B. P. Singh and for Himself] leave granted.

(2.) This appeal is directed against the judgment and order dated 10. 9.2001 passed by the High Court of Jharkhand at Ranchi in criminal Revision No. 98 of 2001.

(3.) Briefly stated the facts giving rise to the fifing of the present appeal are as follows:- first Information Report was lodged before the police in Bakaro city registered as P. S. case No. 1/99 dated 1.1. 1999 for the offence under Sections 364a, 302/201 IPC read with section 120b IPC to the effect that on 31.12.1998 the appellant was alleged as one of the conspirators to have caused the death of the deceased by poisoning. On the basis of the FIR the appellant was arrested and produced before the C. J. M. Chas on 22.11.1999. On production, the learned CJM assessed the age of the appellant to be around 18 years old. On 28.2.2000, a petition was filed on behalf of the appellant claiming that he was a minor, on the date of occurrence i. e. 31.12.1998, whereupon the learned CJM transmitted the case to the Juvenile Court, The appellant was produced in the Juvenile Court on 3.3.2000. On his production the Juvenile court assessed the age of the appellant by appearance to be between 15 and 16 years and directed the Civil Surgeon to constitute a medical Board for the purpose of assessing the age of the appellant by scientific examination and submit a report. No such Medical Board was constituted. Thus, the learned ACJM asked the parties to adduce evidence and on examining the school leaving certificate and mark sheet of Central Board of Secondary Education came to the finding that the appellant was below 16 years of age as on 31.12.1998 taking the date of birth of the appellant as 18.12.1983 recorded in the aforesaid certificate. The appellant was then released on bail.

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PRATAP SINGH Vs. STATE OF JHAKHAND

Referred Judgements :-

JUDGEMENT

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