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2003 Supreme(All) 412

K.N.SINHA
JAGDISH ALIAS KALLU – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
M.C.Singh,

K. N. SINHA, J.

Heard learned Counsel for the revisionist and learned AGA. Perused the impugned order.

2. The revisionist was challaned by Police of Bahadurgarh District Ghaziabad in Case Crime No. 103 of 2001 under Section 326 IPC. The revisionist moved to First Additional Chief Judicial Magistrate, who declared him to be juvenile. Against the said order an appeal was filed by the prosecution under Section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the act) before the Sessions Judge Ghaziabad who allowed the appeal and set aside the order dated 1-3- 2002 passed by Court below holding the revisionist to be of 19 years.

3. I have perused the impugned orders. The revisionist filed the School records in which his date of birth was mentioned as 10-7-1986. The witness Govind Saran Sharma Principal of the said School and Ashok Kumar Sharma Assistant Clerk were also examined. The medical examination was also conducted in which the age of the revisionist was given to be about 18 years. The occurrence had taken place on 19- 5-2001. According to the date given in the School records the age of the revisionist was below 15 years. The Medi










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