SYAM BODH Vs. STATE OF U.P.

JUDGEMENT

(1.) Present application under Sec. 482 Cr.P.C. has been filed impugning the order dtd. 5/1/2019 passed by learned II Additional Sessions Judge/Special Judge S.C./S.T. Act, Sultanpur in Misc. Criminal Case No.362 of 2018 arising out of Case Crime No.09 of 2018 under Ss. 147, 148, 149/34, 302 IPC, 3(2)(v) S.C./S.T. Act, Police Station Munshiganj, District Amethi.

(2.) One of the accused facing trial for the aforesaid offence is Rahul Kashyap s/o Ram Sajivan. An application came to be filed by the mother of accused-Rahul Kashyap for declaring the said accused to be Juvenile. The incident took place on 15/1/2018, and it was said that as per the High School Certificate, date of birth of accused-Rahul Kashyap is 5/9/2020 and thus, he was 17 years 4 months and 10 days old on the date of incident. First application was rejected on 16/7/2018 on technical ground, however, liberty was granted that fresh application can be filed to determine juvenility of the accused- Rahul Kashyap.

(3.) In pursuance to the liberty granted by the learned Additional Sessions Court, fresh application came to be filed by the mother of the accused-Rahul Kashyap annexing copy of the High School Mark- sheet of said accused of the year 2016.