Janardan Pandey vs State of U.P.

G.S.N. Tripathi, J.—No counter-affidavit filed despite repeated opportunities given to the Respondent No. 1. Hence, the petition is being finally disposed of.

This is a revision against the order dated 27.2.96 passed by the Vth Addl, Sessions Judge, Gorakhpur in Criminal Appeal No. 54 of 1995 and the order dated 22.9.95 passed by the learned Munsif, Juvenile Court, Gorakhpur in Misc. Case No. 10 of 1995, State v. Janardan Pcmdey.

Now it is not very much in dispute that the revisionist Janardan Pandey was a juvenile, Le., below 16 years, on the date on which the crime is alleged to have been committed, Le., 29.11.86. As per the High School Certificate, his date of birth is 8.6.71. Therefore, on the date of the alleged crime, admittedly, the revisionist was a Juvenile, of course, now he is no more a juvenile.

Both the courts below did not accept this contention of the revisionist that he was a juvenile because they proposed to rely upon the medical evidence supplied by way of certificates issued by the C.M.O., Gorakhpur and other Medical Officers. But the latest legal position is that the birth date recorded in the High School Certificate shall prevail over other certificates. Hence, after perusing the High School Certificate, which is Annexure HI to the present revision, I find that the birth date of the revisionist is 8th June, 1971. Therefore, on the date of the crime, Le., 29.11.86, he was, admittedly, a juvenile.

The revisionist claimed that his case should be decided by the Juvenile Court and separated from the case of other accused, who are facing sessions trial No. 24 of 1973 in the Court of Vth Addl. Sessions Judge, Gorakhpur.

Section 3 of the Juvenile Justice Act, 1986 reads as under:

Where an enquiry has been initiated against a Juvenile and during the course of such enquiry the Juvenile ceases to be as such, then notwithstanding anything contained in this Act or in any other law for the time being in force, the enquiry may be continued and orders may be made in respect of such person as if such person had continued to be juvenile.

Therefore, the case of Sri Janardan Pandey, revisionist is separated from the case of other accused, who are facing Sessions Trial No. 24/93. It is further ordered that the case of Sri Janardan Pandey shall be tried by the learned Juvenile Court only. Thus, the revision is allowed and orders of the Court below are set aside.