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2012 Supreme(All) 1718
[2012(8) ADJ 525 (DB)(LB)]
ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : IMTIYAZ MURTAZA AND VISHNU CHANDRA GUPTA, JJ.
RAGHURAJ SINGH (NOW DEAD) AND OTHERS .......Appellants
Versus
STATE OF U.P .......Respondent
(C.M.A. No. 98961 of 2010 In re: Criminal Appeal No. 200 of 1982, decided on 12th July, 2012)
Headnote:Juvenile Justice (Care and Protection of Children) Act, 2000—Section 7-A—Juvenile—Claim of—At appellate stage—In present case no evidence in support of Juvenility given by appellant—Merely on basis of affidavit wherein—Neither any documentary proof of age nor age assessed on basis of medical examination brought on record—Burden of proof on appellant who claims juvenility in conflict with law—Application moved to delay proceeding in appeal. [Para 2]
Result; Application Dismissed.
By the Court.—Application under Section 7-A of Juvenile Justice (Care and Protection of Children) Act, 2000 has been moved on behalf of appellant Surender Singh claiming himself to be less than 18 years on the date of alleged occurrence.
This plea has not been taken before the Court below.
2. We have heard the learned Counsel for the parties and perused the record. No evidence in support of application has been given by the appellant. The application has been moved after 28 years of presenting the appeal by the appellant. Merely on the basis of affidavit wherein neither any documentary proof of age nor age assessed on the basis of medical examination has been brought on record. Burden to prove that appellant was juvenile in conflict with law in view of provisions contains in Juvenile Justice (Care and Protection of Children) Act, 2000, is on the appellant, in which he failed.
Therefore we are of the firm opinion that this application has been moved only to delay the proceedings of appeal.
Hence the application is dismissed.
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