MANOJ Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been filed against the order dated 13.12.2000 passed by Second Additional Sessions Judge, Ghaziabad in Sessions Trial No.154 of 1991 (State vs. Manoj and others) under Sections 307 and 302 I.P.C. Police Station Sahani Gate, District Ghaziabad whereby the trial court has refused to treat the applicant-revisionist to be a 'juvenile in conflict with law', and entitled to the benefits under provisions of Juvenile Justice Act.

(2.) The Juvenile Justice Act, 1986 and Juvenile Justice (Care and Protection of Children) Act, 2000, shall herein after be mentioned as 1986 Act and 2000 Act respectively.

(3.) The brief facts relating to the case are that regarding the occurrence of murder, at 9.15 a.m. on 3.11.1990, an F.I.R. was lodged, naming the revisionist and others, and role of firing as well as causing of fatal fire arm injuries to the deceased was assigned to the revisionist, who surrendered before the Magistrate on 8.11.1990. After filing of charge sheet the case was committed to sessions on 31.5.1991 and charges were framed against revisionist as well as other accused on 23.1.1992. After completion of prosecution evidence, the statement of accused-revisionist was recorded on 26.5.1999 and again on 11.10.1999 under provisions of Section 313 of Code of Criminal Procedure. On 31.5.1999 the revisionist moved an application before the Additional Sessions Judge claiming himself to be juvenile on the date of occurrence, in view of his date of birth 6.6.1975 and also filed a copy of school transfer certificate having entry of his date of birth as above on the basis of which bail was granted to him vide order dated 2.9.1992. The trial court after hearing, disbelieved the date of birth in school transfer certificate, and rejected his application for treating him juvenile vide order dated 9.2.2000.