YUV RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been preferred by the petitioner herein challenging the order dated 4.3.2011 passed by the learned Additional Sessions Judge, Fast Track Court, Shimla, rejecting the application filed by the petitioner herein claiming that he was a Juvenile on the date when he committed the offence and the case is not triable by the Court, but by the Board under the Juvenile Justice (Care and Protection of Children) Act, (hereinafter referred to as the 'Act').

(2.) The petitioner is being tried for offences punishable under Section 302 IPC which was registered against him vide FIR No. 107/2010, dated 8.5.2010 in Police Station, Sadar, Shimla. On an application having been made under Section 49 of the Act, it has been stated that the accused was born on 17.7.1994 in Tihri Gharwal in Uttrakhand. The father of the accused is a Nepali migrant labourer. In these circumstances, the petitioner was never admitted in any School in India nor is there any documentary evidence with respect to his age. It is further pleaded that the petitioner was below 18 years of age on the date of offence and, as such, entitled to the protection of the beneficent provision of the Act.

(3.) Learned Court, on the opinion of the Medical Board Ex.CW-1/A, rejected the application holding that his age is above 18 years. The Board comprised of six doctors, namely; Dr. J.S. Rana, Medical Superintendent-cum-Chairman of the Board, Dr. A.K. Sharma, Department of Forensic Science, Dr. Neena Walia, Dental Surgeon, Dr. Rakesh Kashyap, Medical Specialist and Dr. Jagdish Gupta, Surgeon. It is this order that the petitioner challenges herein.