SADDAM HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this revision petition, accused-petitioner Saddam Hussain has challenged the order dated 4.4.2013 passed by Addl. Sessions Judge No. 3, Bikaner in Sessions (Murder) Case No. 130/2013 titled as State v. Saddam Hussain whereby the learned Court below has dismissed the application of the petitioner for treating him Juvenile under Section 7A of Juvenile Justice Act, 2000 (for short 'the Act of 2000'). Petitioner Saddam Hussain is an accused in the aforesaid Sessions Case and charge-sheet was filed against him under Section 302/34 I.P.C. etc. The alleged incident took place on 2.3.2012. The petitioner states that his date of birth is 17.3.1994 and accordingly his age on the date of offence comes to 17 years 11 months and 15 days and, therefore, he claims to be a Juvenile delinquent.

(2.) The learned Court below has not accepted the argument advanced by accused Saddam Hussain. By consent of both sides, final arguments on merit have been heard in this case at the stage of admission.

(3.) The learned Public Prosecutor has argued that accused Saddam Hussain was above 18 years of age at the time of commission of offence of murder and it has also been argued by the learned Public Prosecutor that accused-petitioner has not been able to prove that he was below 18 years of age on the date of alleged commission of murder.