SHAILENDRA Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Gupta, J. Heard Sri Krishna Kapoor for the applicant and the learned A. G. A. for the State.

(2.) THIS revision is directed against the orders dated 19-7-2001 and. 14-2-2001 passed by Additional Sessions Judge (Court No. 8), Agra and Special Judge, Juvenile Justice Court, Agra respectively.

(3.) SRI Krishna Kapoor submitted before the Court that there was no material before the Courts below to bring applicant's case in any of the above excep tion. On examining the record, this Court finds weight in the submission of the learned Counsel for the applicant that the Courts below totally failed to consider that the applicant was himself a young boy of less than 14 years of age. In medical ex amination hymen of the girl was found intact and medical evidence further makes it doubtful that there had been any penetration in the vagina of the girl. There was also nothing on record to indicate that the applicant has any criminal history or was of bad character.