Raghubar Dayal vs State of U.P.

A.N. Gupta, J.—Applicant is facing prosecution under Sections 302,34, IPC in Sessions Trial No. 272 of 1995, State v. ''Triveni & Ors., in the Court of I Addl. Sessions Judge, Gonda. The offence is said to have taken place on 921995. The applicant pleaded before the learned Sessions Judge that he was covered by the provisions of Juvenile Justice Act as at the time of commission of offence, he was under the age of 16 years. The applicant moved an application on that behalf. In para3 it has been stated that as per college record his date of birth is 1241980. A certificate dated 5121995 issued by Principal, Janta Bal Vidya Mandir, Sarvangpur, Gonda has also been annexed, according to which applicant passed Junior High School in 199495 and his date of birth as recorded in scholar''s register was 1241980. The learned Sessions Judge had sent the applicant for medical examination to determine his age. After radio logical examination on 2411996 Dr. G.L. Prasad had recorded that the applicant was aged 1617 years old. Learned Sessions Judge has not taken into consideration entry made in the scholar register and has mentioned that by appearance the applicant appeared more than 17 years of age as he had well grown beard and moustache. In view of the above, he rejected the application of the applicant and did not allow him the benefit of Juvenile Justice Act. Aggrieved by it, the applicant has preferred transfer application for transferring the trial of the applicant from the Court of learned Sessions Judge to the Juvenile Court.

A perusal of the impugned order dated 28111996 shows that the learned Sessions Judge has not taken into consideration the entry made in the scholars register. In view of this, the order dated 28111996 is hereby quashed. The matter is sent back to the trial Court for passing fresh order after hearing the applicant and after considering the entry made regarding date of birth of the applicant in the scholar register. Till the determination regarding age of the applicant by the learned Sessions Judge further proceedings in the said Sessions trial against the applicant shall not be taken.

With the above directions, petition is disposed of finally.