SANDEEP @ SANDI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This was a revision petition directed against the Order dated 16.10.2013 passed by learned Additional Sessions Judge, Jhajjar, whereby the application filed by the petitioner for transfer of his case to Juvenile Justice Board, Jhajjar was dismissed.

(2.) Claiming to be a minor/juvenile on the date of occurrence, petitioner Sandeep @ Sandi son of Ram Kishan moved an application before learned Additional Sessions Judge, Jhajjar in case First Information Report No.52 dated 28.05.2011 under Sections 365, 302 and 201 read with Section 34 of the Indian Penal Code (for short, "I.P.C.") registered at Police Station Linepar, Bahadurgarh, in which he had been arrested. He pleaded that his date of birth is 10.07.1997 as per the birth certificate and therefore, his case be transferred to the Juvenile Justice Board.

(3.) The application was resisted by the prosecution who alleged that the petitioner was not a minor on the date of incident.