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2008 Supreme(SC) 1472

C.K.THAKKER, D.K.JAIN
Babloo Pasi – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Appellant :O.P. Bhadani, Brij Bhushan and Ajay Shanker, Advocates.
For the Respondents:Manish Kumar Saran, A.K. Raoy and B.K. Satija, Advocates.

JUDGMENT

D.K. Jain, J. —

Leave granted.

2. This appeal, by special leave, is directed against the judgment and order dated 21st December, 2006 rendered by the High Court of Jharkhand at Ranchi in Criminal Revision No. 836 of 2006. By the impugned order, the High Court has allowed the revision petition preferred by the accused under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short ‘the Act’) against the order passed by the Juvenile Justice Board, Dumka (hereinafter referred to as ‘the Board’). The learned Single Judge has held that on the date of commission of the alleged offences, the accused was a “juvenile” within the meaning of the Act.

3. Rajesh Mahatha, the accused and respondent No.2 in this appeal, was apprehended for having committed offences under Sections 304B and 306 of the Indian Penal Code, 1860 (for short ‘I.P.C.’), in relation to the death of his wife, on the basis of the statement made to the police by the brother of the deceased, the appellant herein. It appears that when the accused was produced before the Chief Judicial Magistrate, Deoghar, he claimed himself to be a “juvenile” as having not attained the age of eighteen ye







































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