SIYA RAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the revisionist, learned A.G.A. for the State and perused the material on record.

(2.) No notice is issued to private opposite party in view of the order proposed to be passed today, however, liberty is reserved for private opposite party to apply for variation or modification of this order if he/she feels so aggrieved.

(3.) This revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (here-in-after referred to as the 'Act') is directed against the order dated 6.7.2010, passed by IIIrd Addl. Sessions Judge, Mathura in Sessions Trial No. 92 of 2001 State v. Hardayal and Ors. in Case Crime No. 352 of 2000 under Sections 364. 307 and 302, I.P.C., P.S. Kosi Kalan, district Mathura whereby Application (Paper) No. 127 moved on behalf of the accused revisionist Siya Ram for declaring himself to be a juvenile was rejected on the ground that this issue was raised earlier and the matter was referred to the Juvenile Justice Board and after conclusion of the trial, this plea cannot be entertained at the instance of the accused.