BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the revisionist Bahadur and the learned A.G.A. and perused the impugned order.

(2.) THE revisionist has preferred this revision against the order passed by Shri Ajay Kumar Srivastava, Additional Sessions Judge/Fast Track Court No. 3, Gorakhpur in Sessions Trial No. 100/2008, State v. Bahadur, whereby the learned Additional Sessions Judge has rejected the revisionist's application for declaring him as a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000.

(3.) IN the case of Onkar Tiwari (supra), this Court has already dealt with the relevancy of the entries made in the Kutumb register and held that Kutumb register is an evidence to show that the person is living in the family but not an evidence regarding the age. It was further held that the document regarding the age is the birth and death register. It appears that the learned Additional Sessions Judge could not properly understand the principles of law propounded by this Court in Onkar Tiwari's case (supra). The learned Additional Sessions Judge tried to distinguish the case of Onkar Tiwari on altogether irrelevant grounds. According to the learned Additional Sessions Judge, in the case of Onkar Tiwari, school certificate was found forged and there was only the evidence of family register and the medical opinion regarding the age was not accepted. IN my opinion, the grounds stated by the learned Additional Sessions Judge to distinguish the case of Onkar Tiwari were not at all relevant. IN Onkar Tiwari's case the Court had to answer the question as to whether the entries made in family register are relevant for deciding the fact that the accused was juvenile or not and answered the question in negative. The question of relevancy of the entries made in the family register being relied on by the revisionist was also in issue before the learned Additional Sessions Judge and that issue could be answered according to the principles laid down in Onkar Tiwari's case. But the learned Additional Sessions Judge has committed material illegality in ignoring the verdict of this Court propounded in Onkar Tiwari's case, which resulted in causing failure of justice in the case.