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2018 Supreme(Raj) 576

DEEPAK MAHESHWARI
Kanaram Saini – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Brij Sharma, Nazeer Naqvi, Sehban, V.S Godara.

JUDGMENT AND ORDER :

Deepak Maheshwari, J.

1. Heard learned counsel for both the sides as also learned Public Prosecutor.

2. This revision petition has been preferred on behalf of Kanaram with the prayer to quash and set aside the order dated 04.01.2018 passed by learned Additional Sessions Judge, Chomu whereby petitioner Kanaram has been adjudicated not to be a juvenile after conducting enquiry under the provisions of Section 9 of the Juvenile (Care and Protection) Act, 2015.

3. Learned counsel for the petitioner submits that learned lower Court has placed reliance on scholar's register form No. 1051 of Government Girl Higher Secondary School, Dhawali (Shahpura) and found the date of birth of Kanaram as 16.02.1997, while considering this document to have been produced by Kanaram. Counsel submits that in fact this was not the document produced on behalf of Kanaram, but it was called by the prosecution from accused under the provisions of Section 91 Cr.P.C. Counsel submits that learned Court below has completely ignored the documents produced by Kanaram wherein his date of birth has been consistently mentioned as 08.09.1999. These documents and marksheets pertaining to class 7th, 8th &


































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