KISHAN RAM Vs. STATE OF UTTARANCHAL AND ORS.

JUDGEMENT

(1.) THIS criminal revision has been filed with the prayer to set aside the order dated 20.01.2005 passed by Chief Judicial Magistrate, Almora in criminal case No. 362 of 2004 whereby the learned Magistrate ordered to level charge of Section 224 Indian Penal Code against revisionist Kishan Ram.

(2.) HAVING heard learned Counsel for the revisionist and learned Brief Holder, it transpires that one Smt. Jeewanti Devi lodged an FIR on 03.04.2000 in Police Station Bageshwar informing that her daughter Km. Radha, a student of VII Standard, is missing from her house. She apprehended that Km. Radha has been enticed away by revisionist Kishan Ram, son of Har Ram. The girl was missing since 01.04.2000. This FIR bore the crime No. 2 of 2000 under Section 363, 366 Indian Penal Code.

(3.) IN compliance of the order of this Court, the Magistrate, Bageshwar recorded his opinion regarding the age of revisionist Kishan Ram being 15 year 7 month 24 day on the date of incident dated 01.04.2000 (this date pertains to the alleged offence under Section 363, 366 Indian Penal Code) and was of the view that on the basis of certificate produced by revisionist, he is a juvenile, as contemplated under the Act.