MONU TYAGI Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been preferred challenging the legality and correctness of the order dated 6.9.2006 passed by the Additional Sessions Judge (F.T.C.) Court No. 19, Bulandshahar, in S.T. No. 886 of 2004, State Vs. Guddu Tyagi and others, whereby the learned Additional Sessions Judge has declined to hold the revisionst/ applicant Monu Tyagi a juvenile.

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

(3.) An application was filed by the applicant/ revisionist in S.T. No. 886 of 2004, State Vs. Guddu Tyagi and others, with the prayer to declare him a juvenile and to separate his trial from the rest of the accused, who were major. Along with the application the revisionist/ applicant filed his High School Certificate to show that his date of birth, according to High School Certificate was 1.7.1989 and the date of the occurrence being 31.5.2004, he was a juvenile on the date of the occurrence. However, the learned court below did not rely on the High School Certificate and refused to hold him a juvenile expressing that generally the people, while getting their child admitted in the school reduce actual date of birth so that the period of their service be extended. As a result, the court below ordered for medical examination. On medical examination the age of the applicant/ revisionist was found to be of 22 years, hence the court below, relying on the medical report, rejected his prayer to declare him a juvenile and to separate his trial from the rest of the accused persons.