AKHILESH PAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision filed on behalf of the petitioner/accused Akhilesh Pal is directed against the order dated 29.10.2015 passed by the Court of Session Judge, Sidhi, in Sessions Trial No.143/2015, whereby the application dated 23.9.2015 filed on behalf of the accused Akhilesh Pal for treating him as a juvenile, was dismissed.

(2.) The facts giving rise to this criminal revision may briefly be stated thus: Accused Akhilesh Pal, along with his father Harakhlal, is facing trial before the Sessions Judge, Sidhi for an offence punishable under Section 302 of the IPC. His brother Dinesh Pal has been proceeded against before the Juvenile Justice Board for the same offence. The application was moved on behalf of the accused Akhilesh Pal on 23.09.2015 claiming that as per the mark -sheet issued by the school, his date of birth is 10.04.1998. As such, on the date of the offence, i.e, 27.6.2015, his age was 17 years 2 months and 18 days; therefore, the charge sheet against him before the Court of Sessions is not maintainable. Consequently, it was prayed that the police be directed to file a charge sheet against accused Akhilesh Pal before the Juvenile Justice Board.

(3.) Learned Session Judge conducted a detailed enquiry in the matter allowing the accused Akhilesh Pal to examine witness and file documents in support of his claim that he is a juvenile and thereafter, by impugned order held that the accused Akhilesh Pal has failed to prove that on the date of the offence, his age was less than 18 years.