BAPUNI @ CHANDAN MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for State as well as learned counsel for the informant.

(2.) The petitioner Bapuni @ Chandan Mohapatra who is an accused in Lingaraj P.S. Case No.114 of 2010 which corresponds to Crl. Tr. No. Case No.36/2/7 of 2013/2011 pending in the Court of learned Addl. Sessions Judge, Bhubaneswar has challenged the impugned order dated 11.11.2016 passed by the learned Trial Court in rejecting the application filed by the petitioner under section 7 (1) of the Juvenile Justice (Care and Protection of Children) Act, 2000 for declaring the petitioner as a juvenile.

(3.) Learned counsel for the petitioner contended that in support of the plea of juvenility, not only the petitioner examined three witnesses but also exhibited certain material documents like the admission register of Vani Vidya Mandir, Palaspalli, Bhubaneswar in which the petitioner first took admission in K.G.I. on 01.04.1997, the transfer certificate of the school and also the discharge slip of the mother of the petitioner from Municipal Hospital, Bhubaneswar which has been marked as Ext.5 and all the evidence adduced by the petitioner clearly establish that his date of birth was 16.08.1993 and since the date of commission of offence is 08.08.2010, therefore, the petitioner was a juvenile as on the date of occurrence.