OM PRAKASH SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The prayer in this petition under Section 482 of the Code of Criminal Procedure, is for quashing the order dated 29/06/1995, passed by the Special Judge, Jaunpur in S.T.No. 63 of 1994, (State v. Shobh Nath), rejecting 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 committed to the Court of session in Case Crime No. 180 of 1993 under Sections 323, 325 and 504 I.P.C.in respect of an incident which took place on 15/07/1993. 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 application for separate trial by juvenile Court was wrongly rejected by the Special Judge in violation of the provisions of Section 24 of Juvenile Justice Act, 1986. It is further submitted 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.) The petition has been contested on the ground that it is nothing but a move to delay the disposal of the trial.