RAHUL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner, who is claiming minority on the date of incident, has preferred this revision petition against the order of dismissal of his prayer dated 18.08.2017 passed in Special Session Trial No.14/2017 by Special Judge, SC/ST Act, District Ujjain.

(2.) Facts in brief are that a Crime No.1116/16 is registered at the Police Station- D.S.P. (A.J.K.), Ujjain. The Police arrested the present applicant Rahul S/o Raju in the case. During investigation, the police collected a school certificate and scholar register of V.K. Talent Primary School showing his date of birth as 21.11.1998, according to which he was 18 years and 10 days old on the date of the incident. The petitioner, claiming minority on the date of the incident on the basis of his birth certificate and ossification test report agitated the issue before the learned trial Court and filed an application. The learned trial Court framed a question as to whether on the date of incident, the petitioner was minor or under the age of 18 years and inquired the same.

(3.) Learned trial Court granted opportunity to both the parties to adduce evidence and after hearing them, dismissed the prayer of the petitioner.