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2015 Supreme(MP) 610

ALOK VERMA
Aasendra – Appellant
Versus
State of M. P. – Respondent


Advocates:
D. K. Maheshwari for applicants; Amit Sisodiya, Deputy Government Advocate for respondent/State.

ORDER

1. This criminal revision is directed against the order passed by the learned Additional Sessions Judge, Mhow, District Indore in Session Trial No.839/2014 dated 25.2.2015 by which the learned Judge dismissed an application filed by accused Aasendra under section 7A of Juvenile Justice (Care and Protection of Children) Act 2000.

2. Brief facts of the case are that the present applicant is facing a trial under sections 302 and 201 of IPC. According to him at the date of incident that is between 20.6.2014 to 2.7.2014, he was below 18 years of age and, therefore, he was a juvenile and should be tried by Juvenile Justice Board and not by regular Court. The learned Additional Sessions Judge proceeded to conduct an enquiry. On 5.1.2014, he directed the Jail Superintendent, Sub Jail Mhow to get the applicant examined by Medical Board and submit report of the Medical Board in respect of his age before the Court. The report was submitted by the Superintendent, Sub Jail on 28.1.2015. In this report, age of the accused was assessed to be above 19 years and the ossification test was done on 17.1.2015 and, therefore, the learned Additional Sessions Judge taking this report into considerati






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