AMRESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application under section 482 Cr.P.C. to set aside the order dated 29.4.2006 and 16.9.06 passed by Addl. Sessions Judge, Court no. 6 Kanpur Dehat in Sessions Trial No. 286 of 2002, State Vs. Kuldeep and others under section 376 I.P.C., P.S. Rura District Kanpur Dehat.

(2.) THE facts relevant for disposal of this application are that the applicants are accused in the aforesaid case under section 376 I.P.C. They moved an application before the trial court stating that they were juvenile on the date of the incident and they also filed some documentary evidence of their educational record for proving the allegation of juvenileship but that evidence was not found to be reliable by the court concerned. Thereafter they made a prayer that they should be got medically examined for ascertaining the fact whether they were juvenile on the date of the incident or not. This prayer was also rejected by the trial court on the ground that this prayer had been made at a belated stage only to delay the proceedings of the case and so the prayer for medical examination of the applicants was also rejected. Aggrieved with that order the applicants have filed this application under section 482 Cr.P.C.

(3.) IT is to be seen that it has been laid down by Hon'ble Apex court in Bhola Bhagat and others Vs. State of Bihar: 1997(35) ACC 835(S.C.) that the plea that the accused was juvenile can not be rejected on the ground that this plea has been taken at a belated stage, and it was held that such a plea can be raised during pendency of the appeal also. As such in the present case the learned Addl. Sessions Judge has committed a legal error by not allowing the prayer for medical examination of the applicants on the ground that this prayer has been made at a belated stage.