DHARAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Rohan Gupta for the revisionist and learned AGA for the Respondent No. land perused the record. None responded for the Respondent No. 2.

(2.) By this criminal revision, the revisionist Dharam Singh has challenged the order dated 7.12.2007 rendered by the Additional Sessions Judge, Room No. 7, Saharanpur in Sessions Trial No. 189A of 1998, State v. Dharam Singh and Ors., whereby the learned Additional Sessions Judge refused to declare the revisionist as juvenile.

(3.) The revisionist moved an application for declaring him as a juvenile and contended that according to the High School record his date of birth is 1.7.1981, therefore, he was a juvenile (less than eighteen years) on the date of the occurrence and examined CW-1 Ram Pal Singh and CW-2 Rajendra Kumar Pundir in support of his case. CW-1 Ram Pal Singh, who was Head Clerk in M.P.M. Inter College, Simlana, Saharanpur, made statement in the Court on the basis of the scholar register and produced the same in the Court. The name of the revisionist is mentioned at serial No. 8016 in the Scholar Register in which his date of birth was recorded as 1.7.1981. Ram Pal Singh further stated that the revisionist had studied in R.R. Inter College, Pilkhua, district Ghaziabad before taking admission in M.P.M. Inter College, Simlana, Saharanpur. A copy of the scholar register produced by CW-1 Ram Pal Singh has been marked as Exhibit C-1. Ram Pal Singh, CW-1, further produced original admission form submitted by the revisionist for his admission and proved its photo copy as Exhibit C-2. He lastly stated that the revisionist had furnished TC issued by R.R. Inter College, Pilkhua, district Ghaziabad alongwith the admission form. In that T.C. Too, his date of birth was recorded as 1.7.1981, photo copy of which is on record as Exhibit C-3.