D.Y.CHANDRACHUD, INDIRA BANERJEE
Sanjeev Kumar Gupta – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
DHANANJAYA Y CHANDRACHUD, J.
1. The High Court of Judicature at Allahabad allowed a claim of juvenility in a decision of its Single Judge dated 14 November 2018. The judgment is challenged in this appeal(Criminal Revision 2952 of 2017) by the complainant.
2. On 28 October 2015, a First Information Report was lodged by the appellant at PS Ekka in the district of Firozabad in Uttar Pradesh which was registered as Case Crime 252 of 2016 under Section 364 A of the Penal Code. The allegation is that the appellant received a call on his cell phone from an unknown number and the caller wished to speak to his son, claiming to be his teacher. The appellant’s son who was about thirteen years old was studying in the eighth standard in a public school in Shikohabad. After calling back on the number, the appellant’s son left his shop after a conversation, never to return. The victim is alleged to have been murdered after a demand for ransom. His body was allegedly found in a canal. The second respondent was arrested during the course of the investigation.
3. On 9 December 2015, the accused filed an application claiming to be a juvenile on the date of the incident under the Juvenile Justi
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