SHAILENDRA KUMAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr Kamal Krishna, learned Senior counsel assisted by Mr Ghan Shyam Das, learned counsel for the revisionist, Mr Ram Sagar Yadav, learned counsel for the respondent no. 2 and learned AGA for the state respondent.

(2.) This Criminal Revision is directed against the order dated 3.10.2012 passed by Addl. Sessions judge, Court No. 1, Allahabad in S.T. No. 162 of 2011 (State Vs Gyan Chand and others) arising out of Case Crime No. 199 of 2008, under Sections 302,120-B/34 IPC and Section 7 of Criminal Law Amendment Act, P.S. Jhunsi, District Allahabad whereby the opposite party no. 2 has been declared juvenile in conflict with law on the basis of the High School Mark sheet.

(3.) The adumbrated facts of the case are that the Opposite party no. 2 is being prosecuted for having committed an offence punishable under sections 302,120-B/34 IPC and Section 7 of Criminal Law Amendment Act. During course of trial, an application dated 15.2.2011 was ,moved on his behalf by mother of opposite party no. 2 (juvenile) stating therein that the date of birth of the opposite party no. 2 was 24.10.1990 on the date of incident i.e. 30.6.2008 as disclosed by his High School mark-sheet as such he was 17 years 8 months and 6 days i.e. below 18 years of age on the date of occurrence and thus, a juvenile in conflict with law. The learned Trial Court after holding an inquiry found the contention to be correct and thus by the impugned order, declared him to be a juvenile in conflict with law on the date of occurrence.