SIVASHANKAR Vs. STATE

JUDGEMENT

(1.) This revision challenges the order of learned Principal District Sessions Judge, Salem, passed in C.M.P. No. 3971 of 2013 in S.C. No. 95 of 2013, on 04.06.2014. Petitioner is facing trial for offences under Sections 147, 148, 324, 326, 307, 302 r/w 109 IPC r/w Sec. 3(1)(x) of SC/ST Act, 1989. There are 26 accused in the case and this petitioner is arrayed as A13. In C.M.P. No. 3971 of 2013, the petitioner informed of his being a juvenile as on the date of occurrence viz., 03.09.2003 and sought that the case against him be split up and referred to the Juvenile Justice Board. Against the dismissal of such petition, the present revision stands filed.

(2.) Heard learned counsel for petitioner and learned Government Advocate (Crl. side) for respondent.

(3.) In arriving upon its decision the Court below has informed that Exs.R1 and R2, two entries in the birth register maintained at the Sub Registrar Office inform the date of birth of this petitioner as 22.02.1984 and 06.08.1984 and that the petitioner had not produced any evidence to show that his parents had any other sons. Despite the birth register maintained at Sub Registrar Office informing two different dates in Exs.R1 and R2, the Court below relied upon the same towards arriving at its decision that the petitioner was not a juvenile as on the date of occurrence. The Court below also was of the view that the petition had been moved before it after much delay.