ASHOK KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned senior counsel for the parties.

(2.) The correctness of the judgment and order of conviction for the charge of offence punishable under Section 302 IPC is under challenge in this appeal on various grounds and pray to set aside the same.

(3.) The learned senior counsel appearing on behalf of the appellant placed reliance upon the judgment of this Court in Hariram v. State of Rajasthan & Another, 2009 13 SCC 211 wherein this Court interpreted Section 2(k), 2(l) 7A and 49 of the Juvenile Justice (Care and Protection of Children) Act, 2000, (as amended by Act of 2006) claiming benefit of juvenility for the appellant contending that as on the date of the commission of offence on 24.12.1980 he has not attained the age of 18 years as per his date of birth i.e. 7.7.1964. Therefore, the benefit of Section 2(k) 'juvenile' was determined under Section 20 of the Act. By virtue of explanation to Section 20 of the Act he is entitled for the benefit. The finding recorded by the learned trial Judge that his date of birth is 7.7.1964 was on the basis of the school records as well as school certificate. This fact has attained finality, not disputed by the respondent, and that finding has affirmed by the High Court in the appeal filed by the appellant. The correctness of the concurrent finding is under challenge by the respondent in these proceedings.