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2010 Supreme(SC) 1115

T.S.THAKUR, MARKANDEY KATJU
Jitendra Singh @ Babboo Singh – Appellant
Versus
State of U. P. – Respondent


ORDER

T.S. Thakur, J. —

1. The appellants in this appeal by special leave have assailed their conviction for offences punishable under Section 304-B and 498-A IPC and sentence of imprisonment of seven years under the former and two years under the latter provision besides a fine of Rs.100/- each. Criminal Misc. Petition No.16974 of 2010 filed by appellant Jitendra Singh prays for permission to raise an additional ground in support of the appeal to the effect that he was a minor within the meaning of Section 2(k) of the Juvenile (Care and Protection of Children) Act, 2000 on the date of the commission of offence and that he ought to have been dealt with under the said Act.

2. The case of the appellant as set out in the application is that he was born on 3rd August, 1974 meaning thereby that he was just about 13 years 8 months and 23 days old on 24th May, 1988 the date when the alleged incident is said to have taken place. In support of his assertion that he was a minor on the date of the incident, the appellant has placed on record along with his application a copy of School Leaving Certificate No.46 and Marks-sheet No.6031 both dated 17th November, 2009 issued by the Poorav Madhya








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