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2022 Supreme(All) 1375

JYOTSNA SHARMA
Xxx (Minor) – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Revisionist : Upendra Upadhyay
For the Opposite Party : G.A., Shashi Kumar Mishra

JUDGMENT :

1. Heard Sri Upendra Upadhyay, learned counsel for the revisionist and Sri O.P. Mishra, learned AGA for the State of U.P. None responds for the respondent no. 2.

2. This criminal revision has been filed under Section 102 of the Juvenile Justice Act, 2015 challenging the order dated 10.02.2022 passed by the Sessions Judge, Etah in Criminal Appeal No. 44/2021 setting aside the order dated 29.09.2021 passed by the Juvenile Justice Board, Etah in Case No. 48 of 2020 by which the revisionist was declared juvenile. The appellate Court allowed the appeal and declared the accused a major.

3. Relevant facts leading to this criminal revision, are as below.

A FIR Case Crime No. 172 of 2020 under Sections 376D, 302, 506, 452 IPC was registered under Police Station Jalesar, District-Etah with the allegations that the complainant's daughter was raped by one Anil and the juvenile; his son aged about 11 years, who was witness to the occurrence was murdered by them by strangulation and the victim was also threatened not to tell anything about the incident. Finding accused a juvenile, the matter came before the Juvenile Justice Board, where age determination inquiry was conducted and he was d

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