MOBEEN AHMAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS revision is filed under section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, challenging the order dated 5.9.2008, passed by the Sessions Judge, Udham Singh Nagar, in Criminal Appeal No. 44 of 2008, whereby the said appeal has been dismissed upholding the order dated 5.8.2008, passed by the Juvenile Justice Board, refusing to hold the revisionist as juvenile. Heard learned Counsel for the parties and perused the papers on record.

(2.) BRIEF facts of the case are that the present revisionist Mobeen Ahmad S/o Babu, moved an application before the Juvenile Justice Board, Udham Singh Nagar, to declare himself juvenile in respect of proceedings initiated on Crime No. 324 of 2008, relating to offences punishable under sections 394, 302 and 411 of I.P.C. The case of the revisionist is that his date of birth is 20th of August, 1991, and as such, on the date of incident i.e. 22.6.2008, he was aged 16 years and 11 months (i.e. less than 18 years). The Juvenile Justice Board and the Appellate Court have relied on the medical report which suggests age of the revisionist to be 19 years on the date of incident.

(3.) HAVING considered submissions of learned Counsel for the parties and after going through the papers on record, this Court is of the view that the order passed by the Sessions Judge affirming the order of the Juvenile Justice Board, suffers from no illegality.