RAMYASH@ LALLU @ RAMESH Vs. STATE

JUDGEMENT

(1.) Vide the instant petition, the petitioner has challenged the order dated 03.11.2011 passed by learned Additional Sessions Judge, who came to the conclusion that the age of the petitioner was about 18 years 8 months as on the date of commission of the offence in the present case and the application filed on behalf of the petitioner was disposed of by observing that the petitioner was not juvenile at the time of commission of the crime.

(2.) It is pertinent to mention here that the petitioner is facing trial vide FIR No.16/2006 registered at PS New Friends Colony for the offences punishable under sections 302/201/394/397/34/411 of the Indian Penal Code. The prosecution has examined all the witnesses. The statement of petitioner/accused has already been recorded under section 313 of the Code of Criminal Procedure from which it emerged that the petitioner/accused is 21 years old. Therefore, the petitioner/accused moved an application for determination of his age.

(3.) While considering the claim of the petitioner, the copy of the application was sent to Jail Superintendent directing him to get the ossification test of the accused done for determination of his age. The report was also called from his last attended school. On 07.07.2011 the copy of the report from jail was received in which the age of the petitioner was opined by the doctor more than 25 years but less than 30 years as on 08.0.2011?.