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2022 Supreme(SC) 319

A. M. KHANWILKAR, ABHAY S. OKA
Sanjay Patel – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For the Petitioner(s):Mohd. Irshad Hanif, Arif Ali, Rizwan Ahmad, Kailash U. More, Mujahid Ahmad, Nirmala Borade, Saleem Khan, Mohd. Wasiq Khan, Advocates
For the Respondent(s):Vikas Bansal, Alka Sinha, Anuvrat Sharma, Advocates

JUDGMENT :

Abhay S. Oka, J.

1. The applicant-petitioner no.1 in S.L.P.(Crl.) No.5604 of 2009 (accused no.2) was convicted by the Sessions Court on 16th May 2006 for the offence punishable under Section 302 of the Indian Penal Code. The applicant was sentenced to undergo life imprisonment. The offence was committed on 8th January 2004. Appeals preferred by the applicant and others before the High Court of Allahabad were dismissed. Being aggrieved, Special Leave Petitions (Crl.) Nos.5604-5605 of 2009 were filed by the applicant and others. By the order dated 13th August 2009, Special Leave Petition, as far as the present applicant is concerned, was dismissed by this Court.

The present Miscellaneous Application has been filed by the applicant-petitioner no.1 contending that the date of his birth is 16th May 1986 and, therefore, on the date of commission of the offence, he was a juvenile. By relying upon various documents such as High School results declared by the Board of High School and Intermediate Education, Uttar Pradesh, the applicant has claimed that he was a juvenile on the date of the incident.

By order dated 31st January 2022, this Court directed the Juvenile Justice Board, Dist

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