DANY @ RAVI Vs. STATE

JUDGEMENT

(1.) Learned Additional Public Prosecutor prays for and is granted permission to place on record status report. As per the said status report, a detailed investigation and verification was done and it has been ascertained that the appellant Dany @ Ravi was educated and had studied in MCD Primary Co-Education School, Motia Khan, Pahar Ganj, New Delhi-110055 from 1st May, 1995 till 1st April, 2002 from class Ist to class Vth. At the time of admission, his date of birth as disclosed and as per the school records is 4th April, 1990. Certificate issued by the school principal is enclosed with the report.

(2.) The appellant was earlier involved and was facing prosecution in FIR No. 18/2007, Police Station Rohini, under Section 308/ 34 IPC. In the said case, verification/inquiry was held. As per documents placed on record, a medical board was constituted for ascertaining the age of the appellant. The Medical Board on the basis of X ray of shoulder, elbow, pelvis with B/L hip and right hand with wrist and other material referred to therein had opined that the appellant herein was between 16-18 years as on 24th January, 2007. The offence subject matter of FIR No. 18/0207 was committed on 1st May, 2007 and accordingly the appellant was held to be less than 18 years of age at the time of commission of offence. He was declared juvenile and was tried under Juvenile Justice (Care and Protection of Children) Act, 2000. The appellant was acquitted in the said case vide order dated 27th July, 2009 passed by the Juvenile Justice Board.

(3.) The appellant is also facing prosecution in FIR No. 329/2006 dated 11th April, 2006 under Section 324/ 34 IPC. The said prosecution proceedings are pending before the Metropolitan Magistrate Mr. Dharmender Singh and the next date of hearing is 12th October, 2012.