BALWANT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Revision is directed against the order dated 17.2.2006 passed in Sessions Trial No. 248 of 2004 (State Vs Balwant Singh and others) under Sections 364 IPC, P.S. Kotwali, District Basti passed by Addl. Sessions Judge, FTC Court No. 3, whereby the application of accused/revisionist Balwant Singh for declaring him juvenile has been rejected.

(2.) As per the office report dated 8/7/2013, notices were issued to the revisionist Balwant Singh to engage another counsel. Notices have been served personally but no one has appeared on behalf of the revisionist and opposite party no. 2 even in second reading of cause list. Learned AGA is present. As this criminal revision is listed peremptorily, this Court is constrained to decide this criminal revision with the help of learned AGA only.

(3.) Revisionist Balwant Singh is being prosecuted under Section 364 IPC, P.S. Kotwali, District Basti. During the course of trial, revisionist claimed that he was born on 15.8.1984. The date of occurrence is 22.11.2000 as such he was merely 16 years and three months on the date of occurrence. Therefore, he should be tried under the provisions of Juvenile Justice Act, 1986.