TRILOK SINGH Vs. TALVINDER SINGH AND ANOTHER

JUDGEMENT

(1.) THIS is a criminal revision U/S 397/ 101 Code of Criminal Procedure against the impugned judgement and order dated 19-6-2003 passed by the Sessions Judge, Nainital thereby interfering with the opinion of the Juvenile Board in re­gard to the age of the respondent No. 1 accused Talvinder Singh who was held not to be as juvenile by the Juvenile Board.

(2.) THE Juvenile Board had mainly taken into consideration the various birth certificates as well as family register (pa­per No. 9/17) in which the date of birth of the accused was not mentioned. Fur­ther in the column of the birth year 1983 had been mentioned. The medical ex­amination of the accused was also con­ducted by the C.M.O. which is paper No. 7/1 on the record and as per this medi­cal examination report the age of the ac­cused was determined as about 17 years on 21.5.2002. The Juvenile Board did not accept the opinion of the C.M.O. but considering the year of birth as entered in the family register and other docu­ments as well as the evidence adduced in the case the age was determined about 18 years and thereby the accused was not held to be a juvenile. Aggrieved by the opinion and order of the Juvenile Board an appeal under the provision of the Juvenile Justice (Care and Protection of the children), Act 2000 was preferred by the accused and the learned Sessions Judge on appreciation of the matter on record differed with the opinion of the Juvenile Board and passed the impugned judgement and order.

(3.) FOR the above reasons this revi­sion is dismissed. The stay order dated 27.6.2003 is vacated.