LEENA KATIYAR Vs. STATE OF U P

JUDGEMENT

(1.) The instant revision has been filed by the informant of Case Crime No. 467 of 2007, P.S. Kotwali Fatehgarh, District Farrukhabad, against the order dated 23.08.2013 passed by the Special Judge (D.A.A.), Farrukhabad in S.S.T. No. 40 of 2007 by which the claim of juvenility raised by the opposite party No.2 has been accepted and the opposite party No.2 has been declared juvenile with reference to Case Crime No.467 of 2007.

(2.) The facts relevant to decide this case are being narrated herein below. The opposite party No.2, whose name was recorded in the remand-sheet as Happy @ Shivam @ Harsh, set up a claim of juvenility in respect of an incident dated 11.04.2007 of which first information report was registered as Case Crime No. 467 of 2007 at P.S. Kotwali Fatehgarh, District Farrukhabad. Juvenility was claimed on the basis of recorded date of birth 10.07.1989 in the high school pass certificate of the year 2004. The claim of juvenility was accepted by the Court below vide order dated 24.01.2008 against which Crl. Revision No. 595 of 2008 was preferred before this Court by the mother of the victim (the revisionist herein), which was disposed of by order dated 12.11.2010 thereby remitting the matter back to the trial court to pass a fresh order in accordance with the procedure prescribed in the Juvenile Justice (Care and Protestion of Children) Act, 2000 (hereinafter referred to as the Act, 2000) after considering the objections raised by the revisionist. It was specifically observed in the order of remand that the trial court will pass appropriate order in accordance with the law without being influenced by the order passed by this Court.

(3.) Pursuant to the order passed by this Court, the matter was re-examined by the court below. By the impugned order, the court below again accepted the claim of juvenility.