MAHENDRA SINGH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE matter is taken up on mention.

(2.) THE matter is posted for admission and consideration of I.A. No.417/2015 under section 397(1) for grant of stay, however, the matter is heard finally by consent of both the parties.

(3.) THE facts necessary for disposal of this criminal revision may briefly be stated thus: Applicant Mahendra Singh was convicted by the Court of Judicial Magistrate First Class Shivpuri in Criminal Case No. 1610/2006 by judgment dated 11.2.2010 for the offences punishable under sections 279, 338 and 304 -A of the I.P.C. and sections 3/181 and 5/180 of the Motor Vehicles Act. He challenged his conviction before the Court of III Additional Sessions Judge, Shivpuri, in Criminal Appeal No. 53/2010. During the pendency of appeal, appellant Mahendra Singh moved an application dated 30.04.2010, wherein he submitted that on the date of the alleged offence i.e. 3.4.2005 his age was only 16 years; therefore, he ought to be treated as a juvenile in conflict with law. In support of his contention, he filed one horoscope (Ex.P/1) and a mark sheet (Ex.P/2) of Class IV for the year 1999 allegedly issued by Primary School Gyanodya Vidyapeeth, Rajaki Mudheri, Shivpuri, wherein his date of birth was recorded as 20.09.1989.