SUBHASH CHANDRA YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the 'Act') is directed against the order dated 10th March, 2010 passed by Sessions Judge, Etah in S.T. No. 985 of 2008, under Sections 498A, 304B IPC and D.P. Act, P.S. Shakrauli, Etah, whereby the application filed by opposite party no. 2- Sanjeev Kumar (accused) under Section 7A of the Act for declaring him to be a juvenile in conflict with law was allowed.

(2.) Heard Sri Santosh Shukla, learned counsel for the revisionist- complainant, learned AGA for the State and Sri A.R. Gupta, learned counsel for opposite party no. 2.

(3.) The facts are that opposite party no. 2 is an accused in the aforesaid criminal trial. He is alleged to have committed dowry death of his wife. During trial, an application was moved before learned Sessions Judge on behalf of opposite party no. 2 for decalaring himself to be a juvenile on the ground that in the High School Mark-sheet for the year 2007, his date of birth was recorded as 10th March, 1992. Learned Sessions Judge referred the application to C.J.M., Etah for ascertaining facts and submitting report on the point of juvenility of the accused. Objections in the form of affidavit was filed by the revisionistcomplainant before C.J.M. Etah stating therein that date of birth of his daughter Suman was 2.5.1988. Suman was married with Sanjeev Kumar on 6.12.2006. Before the marriage, father of Sanjeev Kumar had provided horoscope of Sanjeev kumar to him whrein his date of birth was recorded as 13.4.1988. The date of birth recorded in the School Certificate is wrong. Before the marriage, one Promod Kumar @ Pappu Pandit on behalf of the complainant whereas Amit Upadhyay, Mahesh Chandra (teacher) and Satyapal (teacher) were examined on behalf of the accused. On the basis of oral as well as documentary evidence and considering the provisions of Rule 22 of the Juvenile Justice (Care and Protection of Children) Rules, 2004, learned C.J.M. submitted a report to the District Judge that the date of birth of accused Sanjeev Kumar was 10.3.1992 and on the date of incident i.e. 3/4-7-2008 he was juvenile.