DEVENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision at the instance of the complainant under section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (For short, referred to as 'the Act of 2015') against the confirming order dated 30/09/2015 passed in Criminal Appeal No.239/2015 by First Additional Sessions Judge to the Court of I Additional Sessions Judge, Bhind whereby the order of the Juvenile Justice Board dated 17/07/2015 in connection with crime No.82/2013 for the offences under sections 302, 147,148 and 149 IPC and sections 25/27 of the Arms Act, the respondent No.2, Neeru alias Vivek (For short, referred to as 'the respondent No.2') has been declared the juvenile in conflict with law.

(2.) The petitioner/complainant has assailed the aforesaid orders on the ground that on the date of occurrence of the incident, i.e., on 28/02/2013 the respondent No.2 was more than 18 years'. It is submitted that during the investigation of the case, the ossification test was conducted and the age of the respondent No.2 was found to be 19 to 20 years. It is further submitted that in the High School marks sheet, the date of birth of the respondent No.2 has been mentioned as 06/01/1996 whereas in the certificate issued by the Lakshmi Bai Convent at the time of registration in the school, his date of birth has been shown as 08/02/1998. Hence, in the educational record of respondent No.2, different date of births had been recorded and accordingly, such entries cannot be relied upon. In such a situation, the ossification test be considered and as per the medical evidence, at the time of the incident, the age of the respondent No.2 was more than 18 years. Therefore, the findings of the Juvenile Justice Board and the appellate Court are illegal and contrary to law, therefore, the same deserves to be set aside and the respondent No.2 be not considered as a juvenile in conflict with law.

(3.) Learned State's counsel has supported the impugned order and prayed for dismissal of the petition.