VIKAS ALIAS VIKKY Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision has been preferred under section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (For brevity hereinafter called as ''Act, 200'') by the petitioner aggrieved by order dated 22.7.2013 passed by learned 2nd Additional Sessions Judge, Ashoknagar in Criminal Appeal No.82/2010. whereby the application filed by the petitioner under section 7(A)(2) read with section 20 of the Act, 2000 has been rejected.

(2.) BRIEF facts just necessary' for adjudication of this revision are that, on the report of one Padma Verma, crime was registered on 5.9.2005 at Police Station, Shadhora District Ashoknagar against accuse Pankaj Verma and others including the petitioner. It is alleged that the complainant -Padma Verma was married to accused Pankaj Verma on 22.3.2003. The complainant was harassed for demand of dowry. She went to her maternal home on 7.8.2004 and since then she has been living with her parents. After informing the accused, he refused to take the complainant to her matrimonial if his demand of dowry is not met.

(3.) IN the criminal case, other accused persons including the petitioner were convicted under section 498A of IPC and sentenced to rigorous imprisonment for two years and imposed fine of Rs.2,000/ -. Appeal was preferred against this judgment. During the pendency of the appeal, the petitioner claimed himself to be a "juvenile" and sought relief. Learned appellate Court kept this application pending for decision at the final disposal of the appeal. Aggrieved by this, the petitioner preferred petition (Miscellaneous Criminal Case No. 4426/2013) under section 482 of CrPC. This Court vide order dated 13.6.2013 directed to the learned lower appellate Court to enquire about the age of the petitioner. After enquiry, the learned lower appellate Court passed the impugned order on 22.7.2013 and held that the petitioner was 18 years, 1 month on the date of offence (i. e., 5.9.2005). Therefore, he was not ''juvenile '' on the date of offence under the Act. 2000.