JAGDISH ALIAS KALLU Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Sinha, J. Heard learned Counsel for the revisionist and learned AGA. Perused the impugned order.

(2.) THE revisionist was challaned by Police of Bahadurgarh District Ghaziabad in Case Crime No. 103 of 2001 under Section 326 IPC. THE revisionist moved to First Additional Chief Judicial Magistrate, who declared him to be juvenile. Against the said order an appeal was filed by the prosecution under Section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the 'act') before the Sessions Judge Ghaziabad who allowed the appeal and set aside the order dated 1-3- 2002 passed by Court below holding the revisionist to be of 19 years.

(3.) THE learned appellate Court in his judgment has not property appreciated the evidence and taken a hyper technical view. When the evidence of the school records and also of the doctor was in favour of the revisionist he should not have twisted the matter in order to arrive at a different finding.