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1991 Supreme(SC) 132

B.C.RAY, J.S.VERMA
Daya Chand – Appellant
Versus
Sahib Singh – Respondent


Advocates:
R.S.VERMA, RAJINDER SACHAR, Sanjay Parikh, SHAKEEL AHMAD SYED, TAIYAB KHAN

JUDGMENT

VERMA, J.:—This petition is for grant of special leave against the order dated 10-8-1990 passed by the High Court of Delhi in Criminal Revision No. 140 of 1989, by which the order dated 15-12-1988 passed by Shri P. D. Gupta, Metropolitan Magistrate, Delhi, holding that the respondent No. 1, Sahib Singh is not a juvenile, being above the age of 16 years, and affirmed by the order dated 12-5-1989 passed by Shri M. A. Khan, Additional Sessions Judge, Delhi, has been set aside and it was held that respondent No. 1, Sahib Singhs date of birth is 1-1-1973, according to which he was a juvenile, being below the age of 16 years on 26-7-1988, the date of the offence. This question arose on a bail application being moved in a murder case on the ground that the accused/respondent No. 1, Sahib Singh was below the age of 16 years on the date of offence. When the matter arising out of the bail application came to the High Court, by an order dated 13-10-1988, the High Court ordered an inquiry into the question of his age which led to the making of the above order by the Metropolitan Magistrate after the inquiry with the consequence stated.

2. Leave granted.

3. The offence of murder was comm









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