SHOBHIT CHATURVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) Present criminal revision has been filed under Sec. 53 of the juvenile justice (Care and Protection of Children) Act, 2000 for setting aside judgment and order dated 16th June, 2004 passed by the District and Sessions Judge, Banda in Session Trial No. 254 of 2003. State Vs. Shobhit Chaturvedi and others and further for declaring Shobhit Chaturvedi as Juvenile within the meaning of aforementioned Act. Brief fact as is emanating from the record of present criminal revision is that an incident took place on 5th Aug., 2003 in respect to which FIR was lodged at Police Station Kotwali, District Banda as Case Crime No. 352 of 2003, under Sec. 302 Indian Penal Code against the revisionist and three others for causing death to one Awdhesh. After revisionist had been named as an accused in the FIR, revisionist applied for bail and therein plea was taken to the effect that he was Juvenile. Session Judge, Banda while considering the bail application, rejected the said plea. Thereafter, bail application has been moved before this Court and this Court rejected the bail application finding the same as not a fit case for bail and further passed order to the effect that endeavour shall be made to disposed of aforementioned criminal trial within three months keeping in view the provision of Sec. 309, Criminal Procedure Code After the aforementioned order has been passed on 4th June, 2004, application has been moved by revisionist before the Court of District and Session Judge, Banda requesting therein that date of birth of revisionist is 19th Nov., 1985 and he is liable to be declared as juvenile. For declaring revisionist as Juvenile, reliance has been placed on following documents namely:

(2.) Before Sessions Judge, Banda record of Nagar Palika Parishad, Banda was also summoned and objection was filed by the complainant. Statement of Smt. Manju Chaturvedi (Mother), Pandit Bhoora Prasad Shukla, who has prepared Horoscope as well as statement of Mithlesh Nigam working in the office of Nagar Palika Parishad, Banda was also recorded and thereafter impugned order has been passed wherein District and Session Judge, Banda has concluded that revisionist is not juvenile. At this juncture, present criminal revision has been filed.

(3.) To this criminal revision, short counter-affidavit has been filed appending therein copy of the application dated 3rd Nov., 2003, copy of the Scholar Register, copy of the Electoral Roll and therein it has been contended that all these documents clearly established that revisionist was not at all Juvenile, and by no stretch of imagination, he could be declared Juvenile.