CENTRAL BUREAU OF INVESTIGATION Vs. YOGENDRA KUMAR @ BABLU

JUDGEMENT

(1.) Heard Shri Amar Jeet Singh Rakhra, learned counsel for the revisionist and Shri Ajay Kumar and Shri Sartaj Ahmad Siddiqui, learned counsel for the opposite party.

(2.) Instant criminal revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act) read with Section 401 Cr.P.C, has been filed by the Central Bureau of Investigation challenging the order dated 28.10.2013 passed by the learned Sessions Judge, Lucknow in Criminal Appeal No.142 of 2013 (Yogendra Kumar @ Bablu v. CBI and another) by which learned Sessions Judge, Lucknow has allowed the criminal appeal and declared Yogendra Kumar @ Bablu a juvenile, and has set aside the order passed by the Juvenile Justice Board by which application for declaring juvenile was rejected.

(3.) As per factual matrix of the case, Yogendra Kumar @ Bablu was involved in case crime no.19 of 2013, under Sections 396, 307, 323, 504, 332, 352 IPC and Section 7 of Criminal Law Amendments Act, Police Station Kunda, District Pratapgarh. An application was moved by the guardian of Yogendra Kumar @ Bablu with the prayer that Yogendra Kumar @ Bablu be declared juvenile on the date of occurrence i.e. 2.3.2013. The basis of claim was date of birth recorded in high school certificate issued by Madhyamik Shiksha Parishad, U.P., Allahabad, which is 18.5.1996. It was submitted that on the date of occurrence he was of 16 years 9 months and 14 days.