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2020 Supreme(SC) 48

R.BANUMATHI, ASHOK BHUSHAN, A.S.BOPANNA
Pawan Kumar Gupta – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates Appeared:
For the Petitioner(s):A.P. Singh, V.P. Singh, Geeta Chauhan, Pratima Rani, Richa Singh, Sadashiv, Advocates
For the Respondent(s):Tushar Mehta, Sidharth Luthra, Chirag M. Shroff, Rajat Nair, Swati Ghildiyal, Kanu Agrawal, Supriya Juneja, Yashika Verma, Abhilasha Bharti, Manan Popli, Shantnu Sharma, Rajeev Ranjan, Varun Chugh, Bhuvan Kapoor, Digvijay Dam, A.K. Sharma, Gargi K., Advocates

ORDER :

1. Accused Pawan Kumar Gupta has filed this SLP challenging the order dated 19.12.2019 passed by the High Court of Delhi in Criminal Revision Petition No. 1301 of 2019 dismissing the claim of the petitioner of juvenility.

2. Contention of the petitioner Pawan Kumar Gupta is that he was a juvenile at the time of commission of the offence and that the same is apparent from the School Leaving Certificate issued in his favour by Gayatri Bal Sanskar Shala, Narayan Pur, Tanda, District Ambedkar Nagar, Uttar Pradesh. According to the petitioner, as per the said certificate, his date of birth is 08.10.1996 and therefore, on the date of alleged incident i.e. 16.12.2012, the petitioner was aged only 16 years 02 months and 08 days and that he was a juvenile on the date of the alleged commission of the offence. Contention of the petitioner is that the certificate has been found to be genuine by the investigating officials and therefore, prayed for holding an enquiry in terms of Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short “JJ Act”). According to the petitioner Pawan Kumar Gupta, as per Section 21 of the Act, no child in conflict with law shall


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