SUNIL KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Revisionist, Sunil Kumar is an accused in case crime No. 405 of 2000, under S. 307, 302/34, IPC police station Khurja Nagar, district Bulandshahar. He moved an application before the Juvenile Judge alleging himself to be juvenile. The learned Juvenile Judge rejected the application by order dated 30-11-1999, with the conclusion that the revisionist is not a juvenile. Against that order, the revisionist preferred Criminal Appeal No. 58 of 1999 under S. 37 of the Juvenile Justice Act. The appeal was also dismissed by Sessions Judge, Bulandshahar on 6-1-2000 and the contention of the revisionist is that he is juvenile was also not accepted by the learned Sessions Judge. Aggrieved by the order, the present revision has been preferred.

(2.) I have heard Sri D. R. Chaudhary, learned counsel for the revisionist and the learned A.G.A.

(3.) It is contended that the incident took place on 10-8-1999. The date of birth of the revisionist is 22-6-1984 and he was below sixteen years of age at the date of the incident. In support of the argument learned counsel for the revisionist has filed the copy of the scholars register of Junior High School, Khurja, wherein his date of birth is mentioned at 22-6-1984. According to the said certificate he was admitted in the school on 3-7-1996 in class-VIth and passed class VIIIth on 20-5-1999. The marksheet of class VIIIth has also been filed. The clerk of the said school, Sri Anil Kumar Kaushik was also examined to prove the said certificate. He has verified the entries of the copy of the scholar register from the original register and narrated the above facts.