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2020 Supreme(MP) 428

S.K.AWASTHI
Kishan – Appellant
Versus
State of M. P. – Respondent


Advocates:
A.K. Saraswat for applicant; Manish Verma, Public Prosecutor for respondent/State.

ORDER

1. This criminal revision has been preferred by the applicant under section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 being aggrieved by the order daed 2.11.2019 passed by II Additional Judge to the Court of I ASJ, Jhabua in Special case No.6/2019 whereby the claim of the juvenility of the applicant has been disallowed.

2. Brief facts of the case are that crime No. 758/2019 for the offence under sections 305, 376(2) of IPC and section 5(L)/6 of POCSO Act has been registered against the applicant at P.S. Jhabua. After completion of the investigation charge sheet was filed against the applicant and the case was committed for trial to the Sessions Court. During the trial, an application has been moved on behalf of the applicant under section 94 of the Juvenile Justice (Care and Protection of Children) Act (in short 'the Act') claiming that the applicant was juvenile at the time of incident, therefore, his case be sent to the Juvenile Justice Board for hearing.

3. The application was opposed by the respondent/State contending that there is no document available on record to establish the date of birth of the applicant and the entry made in the Aadhaar Car

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