SUSHIL KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been directed against the order dated 16.6.2014 of Additional Sessions Judge court No. 4, Saharanpur passed in Sessions Trial No. 387 of 2013, State Vs. Boby, whereby the learned Additional Sessions Judge, Saharanpur has turned down the plea of juvenility of the revisionist who was facing trial for the offences under sections 376, 302 IPC, and has been convicted and sentenced with capital punishment for the said offences.

(2.) Facts of the case in brief are that revisionist took two and a half year old daughter of opposite party No. 2 in a sugar cane field and strangulated her to death after having committed rape upon her. In the course of trial, revisionist had taken a plea before the learned Additional Sessions Judge, Saharanpur that he was juvenile on the date of the alleged incident and, therefore, his matter be referred to the Juvenile Justice Board for trial under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000 (in short 'JJ Act'). The plea of juvenility taken by the revisionist was inquired into by the learned Additional Sessions Judge, Saharanpur himself. In the inquiry, besides documentary evidence, CW-1 Sushil Kumar, father of the revisionist and Sethpal CW-2 the Head Master of S.N.Memorial Public School, Fatehpur Kalan, Saharanpur from the side of the revisionist and CW-3 Shimla Devi, the Head Mistress of Government Primary School, Fatehpur Kalan, Saharanpur were examined. CW-1 Sushil Kumar stated that he got the revisionist admitted in S.N.Memorial Public School, Fatehpur Kalan, Saharanpur in Class-I in the year 2002 and his date of birth is 4.11.1996. He has also stated that the same date of birth is entered not only in the records of the school in which the revisionist studied upto Class-V, but in the Birth Register of Block Office, Nagal also. He also filed birth certificate, application for admission and school leaving certificate of S.N.Memorial Public School, Fatehpur Kalan, Saharanpur in support of his contention.

(3.) CW-2 Sethpal, who was examined from the side of revisionist stated that revisionist was admitted in his school on 16.7.2002 in Class-I and as per records of the school, his date of birth is 4.11.1996. He also stated that revisionist left the school on 25.5.2007. CW-3 Smt. Shimla Devi, who happens to be the Head Mistress of Government Primary School, Fatehpur Kalan, Saharanpur proved the entries relating to admission of the revisionist in her school saying revisionist was admitted in her school on 1.8.1998 in Class-I and his recorded date of birth is 1.199 She also stated that the name of revisionist is entered in the School Register at Serial No. 49 and his Admission No. is 1518. She also stated that revisionist left the school on 22.8.2001. She also stated that Sushil Kumar, the father of the revisionist has put his signature against the name of the revisionist in the School Admission Register.