AMOL SINGH @ BADE @ RAJESH Vs. STATE OF UP

JUDGEMENT

(1.) This Criminal Revision is directed against the order dated 25.06.2010 passed by the learned Special Judge D.A.A. Urai/Jalaon in Criminal Case No.3/2010 (State Vs. Amol) dismissing the application of the revisionist/ accused to declare him juvenile.

(2.) The facts which are relevant for the disposal of this revision are that the revisionist/ accused is facing trail in case arising out of case crime No.199/2010 under Sections 302, 201, 394 and 411 Cr.P.C. of Police Station Eat, District Jalaun. During trial, the revisionist moved application purported to be under Section 7-A/14 of Juvenile Justice (Care And Protection of Children)Act 2000 (hereinafter referred as to 'the J.J. Act') to declare him juvenile. It is specifically mentioned that at the time of alleged occurrence, he was below then 18 years as per School certificate first attended by him, as such he is juvenile.

(3.) The learned Special Judge D.A.A. conducted the inquiry and took evidence as to determine the age of the revisionist/accused. The learned trial Court recorded the statements of the witnesses of both the sides. School leaving certificate of the applicant, extract of his Kutumb Register, Voter-list were also filed by both sides. The applicant also got examined the Head Master of the Government School where from the School leaving certificate was issued. Considering the evidence adduced by both the sides, the learned lower Court arrived at a conclusion that the applicant was not a juvenile at the time of commission of the offence and accordingly, dismissed his application. Applicant has preferred this revision under Section 53 of the J. J. Act.