LOKESH S/O LATE SHRI VIKRAM SINGH R/O VILLAGE QUAHEDI POLICE STATION MANGLORE DISTRICT HARIDWAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Subhash Chandra Tyagi, the learned counsel for the revisionist, Mr. T. C. Agarwal, the learned Addl. G.A. for the State and Mr. Parikshit Saini, the learned counsel for the complainant respondent no.2.

(2.) A first information report was lodged against unknown person at police station Manglore, District Haridwar under Section 302 I.P.C. on 03rd February, 2004. Upon investigation, the revisionist was arrested on 17.02.2004. The mother of the revisionist filed an application alongwith an affidavit contending that the revisionist is a juvenile and should be released. In support of her submission, she annexed the school leaving certificate of the revisionist indicating his the date of birth is 08th October, 1987.

(3.) The Juvenile Justice Board did not consider the school leaving certificate, but considered the medical report which opined that the age of the revisionist was approximately 19 years and further considered his facial expression of having a beard and a mustache and, consequently, considered that the revisionist was not a minor and rejected the application. The revisionist, being aggrieved filed an appeal, which was also dismissed by an order dated 18.10.2005. The appellate court relied upon the medical report and did not consider the school leaving certificate as well as the Pariwar Register that was filed before the court below.