NAGENDRA @ WIRELESS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Delay condoned.

(2.) We have given our thoughtful consideration to the solitary contention advanced at the hands of the Learned Counsel for the Appellant. The issue of juvenility under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 has to be determined under Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007. Rule 12 of the aforesaid rules is being extracted hereunder:

(3.) Having given our thoughtful consideration to the submission advanced at the hands of the Learned Counsel for the Appellant, we are satisfied, that a school leaving certificate is not a relevant consideration to determine the juvenility of an accused/convict Under Rule 12(3) thereof. The afore-mentioned statutory provision was not considered by this Court while deciding Ranjeet Goswami's case . The same cannot therefore be any precedential value in terms of the statutory provisions, referred to here in above. For the reasons recorded here in above, we find no merit in this appeal. The same is accordingly hereby dismissed.