RIZWAN Vs. STATE OF UP

JUDGEMENT

(1.) Heard Mr. M.P. Singh Gaur, learned counsel for the revisionists, Mr. Pankaj Satsangi, Advocate has filed his parcha on behalf of respondent No. 2 and learned AGA for the state respondent.

(2.) Perusal of the impugned order reveals that the application of revisionists claiming juvenility was primarily rejected on the ground that no evidence has been adduced on behalf of the revisionists and therefore relied upon the voter list produced by the prosecution. But the contents of the application paper 41(kh) indicates that the application itself contained averment that there was no educational or age certificate available as both the revisionists/accused were illiterate. Father of the revisionists, therefore, stated that it was not possible for him to provide any certificate required under the law. The claimant specifically requested the trial court to get the medical examination conducted for ascertaining the age of the revisionists.

(3.) Section 7-A of the Juvenile Justice Act envisages an inquiry to be conducted before claim of juvenility is determined. Section 7-A of the Act provides as under: