MILAP SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been preferred by the revisionist/applicant, Milap Singh, against an order refusing to extend him the benefit of the Juvenile Justice Act. The order by which this benefit was denied is dated 27-3-1998.

(2.) While admitting the revision, this Court has stayed further proceedings in Sessions Trial No. 251 if 1990 (State v. Ram Beti) pending in the Court of II Additional Sessions Judge, Mainpuri.

(3.) I have heard the revision. No serious arguments have been advanced, so far as merit is concerned. The only point raised before me seriously is that of availability of the benefit of Juvenile Justice Act to the applicant on the ground that at the time of occurrence he was under 15 years of age. In support of this plea that the applicant is a juvenile, the evidence on record is that of medical examination report which is Ext. C-1 proved by Dr. M.L. Verma, Chief Medical Officer. Mainpuri, dated 16-8-1997. According to the medical opinion of the above said doctor, the age of the applicant is more than 20 years on the date of his examination. He appeared as C.W. 1. The defence has filed a school-leaving certificate, which is Ext. Kha-1 and has examined a defence witness also. The date of birth of the applicant, as transcribed in the above said school leaving certificate, is 1-7-1975. Thus, on the date of occurrence, i.e. on 17-4-1990, the applicant was under 15 years of age. Even in his statement recorded on 16-2-1996, under Section 313, Cr.P.C. he gave out his age to be 20 years in the relevant column. The contention of the learned counsel is that he was, from all points of view, either 15 years or under 15 years of age at the time of occurrence. In these circumstances, he clearly is a juvenile and, therefore, his case should have been separated and he should have been tried by the Juvenile Court, in accordance with law.