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2015 Supreme(SC) 1119

JAGDISH SINGH KHEHAR, S.A.BOBDE
Nagendra @ Wireless – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocate Appeared:
For the Appellant :Vijay Kumar, Advocate (for Ms. Sangeeta Kumar), Advocates (NP).

ORDER :

Delay condoned.

Leave granted.

2. The only submission advanced at the hands of the learned counsel for the appellant during the course of hearing was, that the appellant was a juvenile on the date of occurrence. In order to establish juvenility, the appellant has relied on a School Leave Certificate dated 18.09.2014. To support his contention, that on the basis of the aforesaid School Leaving Certificate, the appellant should be treated as a juvenile on the date of occurrence, and should be given the benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000, learned counsel has placed reliance on a decision rendered by this Court in Ranjeet Goswami v. State of Jharkhand and another (2014) 1 SCC 588. Our attention has been invited to the following observations recorded therein :

"9. We, therefore, find no reason to reject the school leaving certificate. If that be so, as per the ratio laid down in Ashwani Kumar Saxena v. State of Madhya Pradesh (2012) 9 SCC 750 there is no question of subjecting the accused to a medical examination by a Medical Board. Going by the school leaving certificate since the appellant was a juvenile on the date of occurrence, he can be














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