PAWAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This revision is directed against the order dated 23.03.2009, passed by Sessions Judge, Haridwar, in Sessions Trial No. 410 of 2007, State v. Pawan @ Bablu and others (Crime No. 40 of 2007), relating to offences punishable under Section 302, 328 of I.P.C., police station Khanpur, District Haridwar, whereby the trial court has rejected the application of the revisionist to declare him juvenile, and to send his case to the Juvenile Board.

(2.) Heard learned counsel for the parties.

(3.) Brief facts of the case are that the revisionist Pawan @ Bablu along with other co-accused Dr. Naresh is facing trial before the trial court, in respect of offences punishable under Section 302, 328 of I.P.C., registered with police station Khanpur, District Haridwar (Sessions Trial No. 410 of 2007). The accused applicant Pawan @ Bablu moved an application 8-B before the trial court stating that on the date of incident i.e. 19.06.2007, the applicant had not completed 18 years of age. He specifically pleaded that his date of birth is 10.07.1989, as mentioned in the High School certificate issued by Board of High School and Intermediate Education, Uttar Pradesh (copy of which is filed as Annexure -3 to the revision). As such, the applicant's case was that he was aged 17 years 11 months and 9 days on the date of incident (19.06.2007). However, the trial court after getting the applicant medically examined, relied on medical certificate paper No. 12-B, in which it was stated that on the date of medical examination i.e. 04.02.2009, the applicant was aged 21 years, as such on the date of incident of the offence he was aged 19 years. The trial court rejected the application of the accused-applicant vide impugned order dated 23.03.2009. Hence, this revision.