Anand Kumar Singh vs State of U.P. and Another

R.K. Rastogi, J.—This is a revision against the judgment and order dated 18.2.2005 passed by Additional Sessions Judge/Special Judge, N.D.P.S. Act Court No. 3, District Ballia in Criminal Misc. Case No. 3/04, S. T. No. 169 of 2001 (State of U.P. v. Suresh Singh and Ors. Misc. Case No. 3/04, S. T. No. 169 of 2001), in which opposite party No. 2 Ashwani Kumar Singh alias Buttan Singh was declared juvenile by the learned Addl. Sessions Judge.

List has been revised today. But none is present on behalf of the revisionist nor any one has appeared for opposite party No. 2 Juvenile also.

I have heard learned A.G.A. for the State and perused the record of the revision.

It appears from perusal of the judgment of the lower court that according to the High School Certificate of opposite party No. 2 his date of birth was 1.6.1985. The date of the incident in the present case is 6.5.2001 and so according to the High School Certificate opposite party No. 2 was juvenile on the date of the incident. His medical examination was also conducted and as per medical examination report dated 23.12.2004 his age was assessed to be 20 years at that time. Hence, according to the medical report also the age of the opposite party No. 2 was less than 18 years on the date of the incident. It further appears from perusal of the judgment that an extract of the voter list of the year 2000 was filed from the side of the prosecution in which the age of opposite party No. 2 was described to be 20 years. Learned Presiding Officer has given cogent reasons for disbelieving the voter list as he has pointed out that the name of Km. Neetu Singh, real elder sister of opposite party No. 2 Ashwani Kumar Singh finds place in this voter list and her age was described as 18 years though she is admittedly elder to Ashwani Kumar Singh, and in the High School Certificate of Neetu Singh her date of birth is described as 1.7.84. He further submitted that, in this way, the age of Ashwani Kumar Singh could not be more than 18 years in the year 2000 taking into consideration the age of his elder sister Km. Neetu Singh and his age has wrongly been described as 20 years in the voter list.

I have thoroughly gone through the judgment of the lower court. It does not suffer from any illegality and the lower court has rightly held that opposite party No. 2 was juvenile on the date of the incident. Thus, this revision has got no force and is accordingly dismissed. The impugned judgment and order dated 18.2.2005 passed by Additional Sessions Judge/Special Judge N.D.P.S. Act Court No. 3, District Ballia in Criminal Misc. Case No. 3/04, S.T. No. 169 of 2001, (State of U.P. v. Suresh Singh and Ors.), is hereby confirmed.