BHEEM Vs. STATE OF UTTRAKHAND

JUDGEMENT

(1.) HAVING heard the learned counsel for the applicant, it transpires that the Trial under Section 302 of IPC was going on against the accused Bheem. He claimed himself to be the juvenile. So, he moved an application on 21.12.2010 for his ossification test because there was no other written paper/document with him to disclose his date of birth. By the intervention of the Court, the said test was conducted on 11.01.2011 and the Chief Medical Officer/Radiologist reported that his age was 19 years.

(2.) ON the basis of precedent of the Hon'ble Apex Court in the case of "Ram Suresh Singh Vs. Prabhat Singh & Anr. : (2010) 2 SCC (Cri.), Page No. 1194", the learned Magistrate gave the benefit of 2 years in calculating his age in the lower side. So, his age was determined by the learned Magistrate as 17 years. Thus, he was declared juvenile.

(3.) LEARNED counsel for the applicant has argued that even if the said benefit is given to the accused, then reducing one year, his age can be assessed as 18 years on 11.01.2011. The incident happened on 04.11.2010. This way, he was short of 2 months in completing the age of 18 years at the time of the incident.