B H MUBARAK Vs. STATE

JUDGEMENT

(1.) This revision petition is filed challenging the judgment and order of conviction dated 4.12.2009 passed by the Civil Judge (Sr.Dn.) and JMFC., Chintamani in Criminal Case No. 58/2008.

(2.) Heard the arguments of learned counsel appearing for revision petitioners-accused and also the learned High Court Government Pleader for the respondent-State.

(3.) Learned counsel for the revision petitioners during the course of arguments submitted that the revision petitioners also filed I.A.No.1/2015 raising additional grounds. As on the date of the alleged incident, petitioner No. 1 herein was the juvenile and he had not completed the age of 18 years, but however, either before the trial Court or before the first appellate Court this point was not raised by the revision petitioners-accused or by their counsel. Since petitioner No. 1 is a juvenile, the whole proceedings are vitiated. He has also produced the original SSLC marks card of petitioner No. 1 wherein the date of birth of petitioner No. 1 is mentioned as 12.8.1991 and a copy of the said certificate is produced along with the application. Hence, learned counsel submitted that in view of these facts, the revision petition may be allowed and the matter may be remanded to the trial Court.