JUDHISTHIR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present petitioner has been arrayed as an accused in connection with Suti P.S. Case No. 170 of 2010 dated 17th March, 2010 under section 302 of the Indian Penal Code which is now pending before the learned Additional Chief Judicial Magistrate, Jangipur being G.R. Case No. 554 of 2010. THE aforesaid case was registered on 17th March, 2010 and in connection with the said case the petitioner moved an application for bail on 24th of May, 2010 claiming himself to be a juvenile and prayed for passing of necessary order. In support of the claim of juvenility, the petitioner along with his application filed a copy of the admit card issued by the West Bengal Board of Secondary Education showing that his date of birth was 2nd of April, 1993, whereupon the learned Magistrate directed the Investigating Officer to verify the genuinity of the same and submit a report. After filing of the report by the police, the matter was again taken up for hearing on 29th April, 2010. Along with the said report police filed a copy of the Admission Register of Aurangabad Boys Primary School which shows that his date of birth was May 15, 1991 and the learned Magistrate accepting the date of birth recorded in the School Admission Register to be correct one rejected the petitioner's plea of juvenility, hence, this criminal revision.

(2.) Heard the learned Advocates appearing on behalf of the parties. Perused the impugned order as well as the case diary.