MOHIT KAKKAR Vs. STATE OF UTTARANCHAL & ANOTHER

JUDGEMENT

(1.) This judgment and order will dispose of both the criminal revisions, titled above, as matter in controversy in both the revisions is the same and both have been directed against the judgment and order of the learned Sessions Judge, U.S. Nagar dated 27.7.2005 passed in Appeal No.8/2005, Krishan Chandra Agarwal Vs. Mohit Kakkar @ Mani and Appeal No.9 of 2005, Krishan Chandra Agarwal Vs. Vivek Kakkar @ Mohit respectively.

(2.) The background facts are that against Sri Mohit Kakkar @ Mani and Sri Vivek Kakkar @ Mohit, a case crime no.43 of 2004 was registered under Sections 302/394/411/201 IPC pertaining to P.S. Bazpur, District U.S. Nagar, wherein both the accused, named above, were produced before the C.J.M., U.S. Nagar, who upon hearing the bail application, passed an order dated 4.6.2004. The learned C.J.M., pondering over the seriousness of the facts of the crime, although rejected the bail applications of both the accused persons but made an observation in his order that on the basis of certificate issued by Municipal Board, Bilaspur, the date of birth of accused Mohit Kakkar is 19.3.1986 making it 17 years 11 months and 3 days on the date of occurrence, i.e. 21/22.2.2004. In the next matter, learned C.J.M. observed that date of birth of Sri Vivek Kakkar was 6.10.1986 on the basis of transfer certificate issued by the Basic Educational Institute Saraswati Shishu Mandir besides on the basis of copy of Parivar Register, nay the affidavit. So, this way the age of accused Vivek Kakkar on the date of occurrence was 17 years 4 months and 16 days. Thus, both the accused were juvenile on the date of occurrence as per the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000, being below 18 years of age.

(3.) The said orders of learned C.J.M. dated 4.6.2004 were challenged before the Sessions Judge who passed the impugned order dated 27.7.2005 turning the order of learned C.J.M. down, holding the date of birth of accused Vivek Kakkar as 23.2.1984 on the basis of Transfer Certificate of High School Examination as well as cross-sheet (replica of marksheet) received in the school from the Provincial Board of Examination. Similarly, the date of birth of Shri Mohit Kakkar, as the learned Sessions Judge held vide his impugned judgment, was 20.6.1984 on the basis of high school entrance examination papers pertaining to the year 2000 issued by Janta Inter College, Rudrapur.