SONU KUSHWAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD .

(2.) THIS revision petition is directed against the order 28.6.2013 passed by the learned 1st ASJ, Vidisha in S.T. No. 266/2012 (State of Madhya Pradesh Vs. Mahendra and others).

(3.) THE impugned order has been challenged by the petitioner Sonu Kushwah on the ground that the Trial Court did not take into consideration the provisions of Juvenile Justice Act and Rules made thereunder. It is also alleged that the medical test was performed and reports were submitted and oral testimony of the medical officers were recorded. The Dentist Dr. Rakesh Saxena and Radiologist Dr. Sanjay Jain were examined, who have clearly stated that the petitioner was less than 18 years of age on the date of incident ie on 20.4.2012. However, the learned Trial Court ignored the same. Assertion of the Trial Court regarding the determination of the age without following the principle laid down in Ashwani Kumar Saxena (supra) liable to be quashed.