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2014 Supreme(SC) 1009

FAKKIR MOHAMED IBRAHIM KALIFULLA, A.M.SAPRE
Mahesh Jogi – Appellant
Versus
State of Rajasthan – Respondent


Advocate Appeared:
For the Petitioner: Mr. Mohan Pandey, A.O.R.
For the Respondent:Mr. Shiv Mangal Sharma, A.A.G., Mr. Ankit Shah, Mr. Shrey Kapoor, Advocates, Ms. Ruchi Kohli, A.O.R.

ORDER :

1. In this Special Leave Petition, while ordering notice on 20th January, 2014, such notice was confined to the question as to whether the petitioner was a juvenile at the time of the commission of the offence. By our subsequent order dated 2nd July, 2014, after hearing learned counsel for the petitioner as well as the respondent-State, we directed the Additional Sessions Judge, Dausa Camp, Jaipur to hold an inquiry to find out as to whether the petitioner was a juvenile on the date of the commission of the offence i.e. 20th January, 1985. The learned Sessions Judge was directed to give an opportunity to the petitioner to produce all requisite materials in support of the claim that he was a juvenile on the date of the occurrence and also to call for necessary documents from school authorities for ascertaining the said question.

2. Pursuant to our order, the learned Sessions Judge after holding an inquiry has submitted his Report dated 16th October, 2014. After detailed reference to the various materials placed before him, the learned Additional Sessions Judge, Dausa Camp, Jaipur, Rajasthan has submitted as under :-

"It is, therefore, having determined the age of petitioner/acc













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