KABUTAR @ INDRASEN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist-applicant, learned A.G.A. and perused the record.

(2.) This criminal revision has been preferred under Section 397/401 of Criminal Procedure Code read with Section 53 of Juvenile Justice (Care & Protection of Children) Act, 2000 against the impugned order dated 16.5.2013 passed by learned Additional Sessions Judge, Court No.7, Allahabad in criminal appeal no. 31 of 2011 'Kabutar alias Indrasen Singh Vs. State' which has arisen out of order dated 31.1.2011 passed by Juvenile Justice Board, Allahabad in crime no. 384 of 2010 under Section 302 I.P.C., P.S. Karchhana, District Allahabad.

(3.) The brief facts of the case are that in a triple murder case, revisionist-applicant Kabutar alias Indrasen Singh was found involved during the course of investigation, F.I.R. of which was registered at crime no. 384 of 2010 under Section 302 I.P.C., P.S. Karchhana, District Allahabad. The revisionist-applicant claimed his juvenility in the Juvenile Justice Board. According to him, on the alleged date of incident of the aforesaid murder case, he was below 18 years of age and his date of birth in the High School certificate was shown as 21.5.1994. The Juvenile Justice Board held him juvenile but his bail prayer was rejected vide order dated 31.1.2011 on the ground that the mother, guardian of the revisionist-applicant had no supervisory control over him and his release on bail would not be in the interest of his moral, physical or psychological up-liftment.