NARAYAN SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition under Section 397/401 of the Code of Criminal Procedure, 1973 preferred by the petitioner/accused is directed against an order dated 13th July, 2011 in Special Sessions Case No. 111/ 2009 by the Special Judge (Atrocities), Bhind, rejecting thereby prayer of the accused that he is a Juvenile and below 18 years of age, at the time of commission of offence.

(2.) Brief facts, just for the decision of this case are that the petitioner was shown as accused in case Crime No. 30/2009 registered by the Police Station Endori, district Bhind. The investigation was conducted by the CBI and after investigation, the charge-sheet was filed before the criminal court. After committal, the trial commenced before the Special Judge Bhind. As per the Investigating Agency, the age of the accused/petitioner was above 18 years and therefore he was arrested and committed in the Judicial custody. The petitioner by filling an application contended that at the time of incident he was below 18 years, hence, he claimed himself to be a Juvenile. After detailed inquiry conducted by the trial Judge, it was concluded by the impugned order that the petitioner was not Juvenile. Being aggrieved by the said order, this revision has been submitted.

(3.) The contention of the learned counsel appearing for the petitioner is that the petitioner on the date of incident was below 18 years of age. In support of his arguments, he filed copy of the Mark-sheet of the Board of Secondary Education, Madhya Pradesh Bhopal (10+2) 2006 in which the date of Birth of the petitioner was mentioned as 8th July, 1991. Copies of the certificate-cum-Mark-sheet of the Middle Examination 2003-2004, certificate-cum-Mark-sheet of the Primary Certificate Examination 2000-2001 were also filed to demonstrate the date of birth of the accused as 8th July, 1991. In the copy of horoscope, the date of birth of the petitioner is also shown 8th July, 1991 (as per Hindu calendar month Aashad Krishna 11). Moreover, the examined witnesses Sarnam Singh Rajoria, who is the Head Master of Government Primary School, Gohad, Smt. Shakuntala Sharma, mother of the petitioner, Pradeep Swami, an Astrologer also stated in their evidence about the said date of birth of the petitioner. To rebut the fact of date of birth, the CBI examined Smt. Saroj Jewde LIC Agent, who stated that the accused for the purpose of getting LIC Policy submitted the copy of Mark-sheet of Higher Secondary Examination 2006 (10+2), conducted by the Board of Secondary Education Madhya Pradesh Bhopal showing his date of birth as 8th July, 1990.