PILLI MANGAIAH Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Revision Case is directed against the order dated 9-3-2009 passed in Crl.M.P.No. 526 of 2008 in Sessions Case No. 363 of 2008 on the file of X Additional District and Sessions Judge (FTC), Guntur at Narasaraopet, whereby and whereunder the learned Additional Sessions Judge dismissed the application filed by the petitioner, who has been arrayed as A-1 in S.C.No. 363 of 2008.

(2.) The petitioner filed Crl.M.P.No. 526 of 2008 under Section 7-A r/w Section 18 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, 'the Act'), to declare him as a juvenile and to proceed under the provisions of the Act. He took the plea that as on the date of commission of the offence he was a juvenile and therefore, case against him is required to be dealt with in accordance with the provisions of the Act. The prosecution disputed the contention of the petitioner. The petitioner examined 3 witnesses on his behalf and exhibited 2 documents. The prosecution marked photo of the petitioner in the voters identity list with E.No. 403 as Ex. B-1. The learned Additional Sessions Judge, on considering the evidence brought on record and on hearing learned counsel appearing for the parties, came to the conclusion that the petitioner failed to prove that he was a juvenile as on the date of commission of the offence and thereby proceeded to dismiss the application by an order dated 09th March, 2009. The said order is assailed in this revision.

(3.) Notice before admission came to be ordered on 26-3-2009. 2nd respondent entered appearance through a counsel