INDRA PAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Shrawan Kumar, learned Counsel for the revisionist as well as Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State.

(2.) The Petitioner has challenged the order dated 8th of February, 2011, passed by the Additional District Judge, Raebareli in Sessions Trial No. 221 of 1994, whereby the Petitioner's application for sending the matter for trial to the Juvenile Justice Board has been rejected.

(3.) Briefly, the undisputed facts are that the Petitioner's date of birth is 30th of December, 1978. The date of occurrence of offence is 23rd of March, 1991. On the date of occurrence the Juvenile Justice Act, 1986 was in operation and according to the scheduled Act the maximum age for determination of juvenile was 16 years. It is also admitted fact that the Petitioner was declared juvenile by means of order dated 19th of June, 2003 by the Additional Sessions Judge, Raebareli, but it appears that any how the matter went to the High Court on the orders passed on the Misc. Application and now it has to be heard again by the Additional Sessions Judge, who fixed the date for arguments.