DILSHAD Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition has been preferred by the petitioner under Section 104 of the Juvenile Justice (Care and Protection of Children) Act 2015, aggrieved by the order passed by the 8th Additional Sessions Judge in S.T. No. 157/2014, vide order dated 9.2.2016 whereby the claim of the juvenility of the petitioner has been disallowed.

(2.) Brief facts of the case are, that a Crime No. 1098/2014 for the offences punishable under Sections 302, 201, 120B of IPC, further under Sections 25/27 of Arms Act at Police Station Janakganj has been registered against the petitioner / accused. After due investigation, charge sheet has been filed against the petitioner / accused and case was committed for trial before the Sessions Court. In the Sessions Court an application has been moved on behalf of the petitioner/ accused under Section 7, 7A of the Juvenile Justice (Care and Protection of Children) Act, 2015 of the "Act", claiming that the petitioner is juvenile at the time of incident.

(3.) The application was opposed by the respondent by filing reply. An application has also been filed by the respondent for conducting ossification test of the petitioner / accused, which was allowed by the Session Court. After that, the learned Additional Sessions Judge recorded the evidence regarding the juvenility of the petitioner.