RAMA KANT Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Opposite party No. 2 is an accused for offence under Section 326, I.P.C. in Crime No. 61 of 1998, P. S. Jhangaha, District Gorakhpur of which the F.I.R. was lodged by the applicant. Opposite Party No. 2 moved an application before the Juvenile Judge, Gorakhpur pleading that he is a juvenile. The Juvenile Judge, Gorakhpur rejected the application after considering the evidence and held that opposite party No. 2 is not a juvenile. Against that order, opposite party No. 2 preferred Criminal Appeal No. 26 of 1999 under Section 37 of the Juvenile Justice Act. The appeal was heard and decided on 20-10-99 by III Additional Sessions Judge, Gorakhpur and he has declared opposite party No. 2 as juvenile. Against that order, the present revision has been preferred by the complainant.

(2.) I have heard Sri H. N. Singh, learned counsel for the complainant-revisionist and Sri B. K. Tripathi, learned counsel for opposite party No. 2, who is accused in this case.

(3.) The perusal of the orders show that in support of the allegations of opp. party No. 2 that he is a juvenile, opposite party No. 2 filed affidavit of his father and brother. He also produced the copy of Scholars Register, according to which opposite party No. 2 took admission in Class VI in Janta Inter College, Brahampur, Gorakhpur and his name was struck off while he was in Class X. The application submitted on behalf of opposite party No. 2 for taking admission in the school was also produced. In these documents the date of birth of opposite party No. 2 is mentioned as 5-2-84. The incident took place on 9-4-98 and therefore, it was alleged by opposite party No. 2 that on the date of incident his age was 14 years only.