AMIT KUMAR (MINOR) Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant criminal revision is preferred against the judgement and order dated 21.10.2011 passed by Sessions Judge, Aligarh in Criminal Appeal No.102 of 2011 (Amit vs. State of U.P.) whereby the order dated 9.6.2011 passed by Principal Magistrate, Juvenile Justice Board, Aligarh in Misc. Case No.37 of 2011 under sections 376, 302 IPC, rejecting the application of revisionist to declare him juvenile was confirmed by learned Sessions Judge.

(2.) I have heard learned counsel for the revisionist, learned AGA and perused the record.

(3.) Some background facts in brief are that on 12.7.2010, an FIR was lodged by the complainant (opposite party no. 2 in the instant revision) under sections 302 and 376 IPC for rape and murder of his minor daughter alleging that on 11.7.2010 at about 5:00 p.m. his daughter Km. Anita, aged about 16 years, had gone to collect woods in the jungle. When she did not return till night, the complainant searched for her and found her semi naked dead body with her 'Salwar' tied around her neck. The case was registered and investigated. The revisionist was found involved in the occurrence who took the plea of being a juvenile and moved an application before C.J.M., Aligarh to declare him juvenile. Learned C.J.M. vide order dated 14.10.2010 declared the revisionist, a juvenile on the basis of a school leaving certificate, which school was admittedly not the first school attended by the revisionist ignoring the medical examination report in which the age of revisionist was found to be of 21 years.