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2004 Supreme(SC) 494

ARUN KUMAR, Y.K.SABHARWAL
AVITRI DEVI SHARMA – Appellant
Versus
State Of U. P. – Respondent


ORDER

1. The question involved in this petition is whether Respondent 2 is a juvenile within the meaning of the Juvenile Justice (Care and Protection of Children) Act, 2000. Respondent 2 is accused of offence under Sections 302 and 376 IPC. The incident, according to the prosecution, took place on 23-21999 when he committed rape on a minor girl and, thereafter, murdered her by putting a scarf around her neck and throttling her. The petitioner is the mother of the victim, the minor girl. The accused, as per the order passed by the Chief Judicial Magistrate, Kanpur Dehat, dated 1-6-1999, was held not to be a juvenile. However, in appeal, the learned Additional District and Sessions Judge, Kanpur Dehat, by order dated 12-7-1999, held the accused-Respondent 2 a juvenile. The said order was upheld by the High Court by the impugned order dated 13-4-2001. The impugned order records the date of birth of Respondent 2 as 2-7-1985 on the basis of documentary evidence and statements of the Principal and the accuseds brother and mother. The documentary evidence is primarily in the shape of a school certificate issued by Higher Secondary School, Pasikhera, Japad, Kanpur Nagar. The said certifica





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