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S.L.KOCHAR
Rajendra Singh – Appellant
Versus
State of M. P. – Respondent
This revision is filed against the order dated 1st February, 2002 passed by III ASJ Mhow in ST No. 594/96 rejecting the application of the applicant filed under section 24 of the Juvenile Justice Act (Old Act).
Contention of the counsel for the applicant is that on the basis of the school certificate, date of birth of the applicant is 9.9.1982 whereas the date of incident is 9.7.1996. Hence, on the alleged date of the incident, he was 16 years of age and for this purpose he has filed High School Certificate as well as other mark-lists, but the trial Court has rejected the application on the ground that he has filed the application at belated stage.
Mr. Girish Desai, Dy. AG appearing for the State 'submits that on the basis of legal position as pronounced in the judgment reported in AIR 1998 SC 236 Bhola Bhagat v. State of Bihar that once the application is filed on behalf of the accused/applicant about his age, the trial Court is bound to enquire into the matter after giving full and effective opportunity to both the parties (accused/applicant and the State).
Counsel for the applicant has also placed reliance on catena of judgments by this Court i.e.
1. 1981 (1) MP
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A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
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