MOHD AZIM Vs. STATE

JUDGEMENT

(1.) CRL.A. 483/2011 & Crl. M. (Bail) 638/2011 in Crl. A. 483/2011 The appellant impugns a judgment and order of the learned Addl. Sessions Judge dated 21.03.2011 in SC No. 161/2008. He, together with the co-accused, was arraigned for having committed the offences punishable under Sections 302/307/427/429/120-B IPC, and Sections 3/181 of the Motor Vehicles Act. He also stood trial for committing the offences punishable under Sections 4 and 5(1) together with Section 12 of the Delhi Agricultural Cattle Preservation Act. The appellant was convicted for the offences punishable under Sections 307/302 IPC as well as 427 IPC. Besides, they were also convicted under the Delhi Agricultural Cattle Preservation Act.

(2.) THIS Court had admitted the appeal on 21.04.2011. On the same day, the Court had directed an enquiry as to the appellant's true age as on the date of incident, i.e. 14.05.2008. The appellant had contended that he was a juvenile within the meaning of the expression under the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereafter called "the Juvenile Justice Act"). He contended that his date of birth is 18.02.1995, and has relied upon a School Leaving Certificate dated 12.12.2010 of the UPPS Sahaspur, District Bijnaur. The Court had directed an inquiry in terms of Section 7A of the Juvenile Justice Act on the same date, i.e. 21.04.2011. The Court had nominated the ASJ to consider the relevant materials and furnish a report to the Court.

(3.) THE appellant, in addition to the report of the learned ASJ also places reliance on the status report filed by the concerned police station, i.e. Police Station Kapashera dated 12.05.2011 (wrongly shown to be 12.05.2010). THE material report reads as follows: