RAGHUBAR DAYAL Vs. STATE OF U P

JUDGEMENT

(1.) A. N. Gupta, J. Applicant is facing prosecution under Sections 302,34, IPC in Sessions Trial No. 272 of 1995, State v. 'triveni & Ors. , in the Court of I Addl. Sessions Judge, Gonda. The offence is said to have taken place on 9-2-1995. The ap plicant pleaded before the learned Ses sions Judge that he was covered by the provisions of Juvenile Justice Act as at the time of commission of offence, he was under the age of 16 years. The applicant moved an application on that behalf. In para-3 it has been stated that as per college record his date of birth is 12-4-1980. A certificate dated 5-12-1995 issued by Prin cipal, Janta Bal Vidya Mandir, Sarvangpur, Gonda has also been annexed, according to which applicant passed Junior High School in 1994-95 and his date of birth as recorded in scholar's register was 12-4-1980. The learned Sessions Judge had sent the applicant for medical ex amination to determine his age. After radio logical examination on 24-1-1996 Dr. G. L. Prasad had recorded that the ap plicant was aged 16-17 years old. Learned Sessions Judge has not taken into con sideration entry made in the scholar register and has mentioned that by appearance the applicant appeared more than 17 years of age as he had well grown beard and moustache. In view of the above, he rejected the application of the ap plicant and did not allow him the benefit of Juvenile Justice Act. Aggrieved by it, the applicant has preferred transfer applica tion for transferring the trial of the ap plicant from the Court of learned Sessions Judge to the Juvenile Court.

(2.) A perusal of the impugned order dated 28-11-1996 shows that the learned Sessions Judge has not taken into con sideration the entry made in the scholars register. In view of this, the order dated 28-11- 1996 is hereby quashed. The matter is sent back to the trial Court for passing fresh order after hearing the applicant and after considering the entry made regarding date of birth of the applicant in the scholar register. Till the determination regarding age of the applicant by the learned Ses sions Judge further proceedings in the said Sessions trial against the applicant shall not be taken.