OM PRAKASH SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) D. C. Srivastava, J. The prayer in this petition, under Section 482 of the Code of Criminal Procedure, is for quashing the order, dated 29th June, 1995 passed by the Special Judge, Jaunpur in S. T. No. 63 of 1994 (State v. Shobh Nath and others) reject ing the application of the petitioner for separate trial in Juvenile Court.

(2.) THE brief facts are that the petitioner Om Prakash Sharma, inter alia, was com mitted to the Court of Sessions in Case Crime No. 180 of 1993 u/s. 323, 325 and 504 I. P. C. in respect of an incident which took place on 15th July, 1993. It is said that on the date of incident the petitioner was aged about 14 years, 11 months and 11 days was, therefore, juvenile being below 16 years on the date of incident. Consequently he could not be tried with other accused and his ap plication for separate trial by juvenile Court was wrongly rejected by the Special Judge in violation of the provisions of S. 24 of Juvenile Justice Act, 1986. It is further sub mitted that in the High School Certificate of the petitioner (Annexure-3) his date of birth is recorded as 5-8-1978, which was ignored by the Court below and computed from this date, the petitioner was below 16 years of age on the date of incident.

(3.) A juvenile is defined under Section 2 (b) of Juvenile Justice Act, 1986 to mean a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years.