MUKESH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been filed by the revisionists against the judgment and order dated 26.11.2009 passed by the Additional Session Judge, Court no. 1, Ballia, in S.T. No. 91/2005, by which the Additional Session Judge dismissed the applications of the revisionists for declaring them as Juvenile in conflict with law.

(2.) In brief, the facts of the case are that the S.T. No. 91/2005, State Vs. Ajeet and Others was pending in the Court of Additional Session Judge, Court no. 1, Ballia. In that Sessions Trial an application was moved by the revisionist Arvind Kumar Singh alleging that as per the marksheet of the high school examination his date of birth is 03.05.1986 whereas the alleged incident, in which he is an accused, took place on 11.10.2001. It was further alleged that on the date of occurrence, i.e. 11.10.2001 the age of the revisionist Mukesh Kumar was 15 years and 159 days. It was claimed that in view of the provisions of "The Juvenile Justice (Care and Protection of Children) Act, 2000, the revisionist Mukesh Kumar is a juvenile and as such he cannot be tried with other accused.

(3.) The other revisionist Arvind Kumar also moved similar application mentioning therein that on the date of occurrence i.e. 11.10.2001, he was only 17 years 2 months and 28 days as his date of birth as per the high school mark-sheet is 13.07.1984. He also claimed the benefit of the said Act.