BIJENDRA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Impugned in this revision is the order dated 5.4.2010 of learned Additional Sessions Judge, Court Room No. 15 Meerut passed in S.T. No. 1108 of 1996 (State V/s. Bijendra and others) whereby revisionist was pronounced not as juvenile and the court below declined to forward him and the record of proceedings to Juvenile Justice Board.

(2.) Short of unnecessary details, the facts as are necessary for disposal of the revision may be mentioned. The F.I.R. in case was lodged against the persons named therein including the revisionist at P.S. Ramala District- Meerut (now Baghpat) mentioning that the incident occurred on 17.9.1995. It would transpire that after completion of investigation, the Investigating Officer submitted charge-sheet under Sections 498-A, 304-B I.P.C. and 3 And 4 Dowry Prohibition Act against all the persons named in the F.I.R. The revisionist is related to the deceased as the brother in law (Devar). After committal of the case to the court of session, the trial commenced. It would further transpire that it was after recording the statements of accused persons under Section 313 Cr.P.C. that the revisionist moved an application in the trial court mentioning that as per the High School certificate, his date of birth is 10.8.1977. He also filed copy of the certificate along with the application. Thus, his age on the date of the occurrence was 17 years 10 months and 7 days i.e. below 18 years. The revisionist, therefore, prayed for being declared as juvenile under provisions of Juvenile Justice (Care and Protection of Children) Act, 2000 ( in short the Act 2000) and for being forwarded along with the record of the proceedings to the Juvenile Justice Board having jurisdiction over the proceedings.

(3.) The learned trial court vide the impugned order held the age of the revisionist being 17 years 10 months and 7 days on the date of the occurrence but at the same time declined to declare him as juvenile. It is in this perspective that the order of the trial court has been assailed by means of the present revision.