Court No. - 50 Case :- CRIMINAL REVISION No. - 4157 of 2009 Petitioner :- Alok Sony Respondent :- State Of U.P. And Another Petitioner Counsel :- Shashi Dhar Pandey Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastav,J.
Heard Sri Amit Kumar Srivastava, learned counsel for the
revisionist and learned A.G.A. for the State.
The order dated 29.9.2009 passed by the Additional District Judge,
Firozabad in Session Trial No. 203 of 2007, arising out of case
crime No. 349 of 2006, under Sections 307, 302 I.P.C. is
impugned in the instant revision, whereby application for declaring
the revisionist Alok Sony as juvenile has been rejected.
It is submitted that educational certificate such as transfer
certificate issued from Janhit Adarsh Vidyalaya, Sirsaganj was
submitted before the court below. According to record, date of
birth in the educational certificate, the revisionist was juvenile. His
age was 16 years, 7 months and two days on the date of
occurrence. It is further submitted that the said transfer certificate
has been proved by clerk of the institution. Medical certificate was
also brought before the court to substantiate that on the relevant
date when the revisionist was examined, he was found to be 19
years of age. The date on which occurrence has taken place, is
alleged to be in the year 2006 whereas the revisionist was
medically examined on 17.8.2009.
The court placed reliance on Kutumb register and also on the voter
list. According to learned counsel these documents are not very
relevant. It is settled principle of law that determination of age
should be either on the basis of educational certificate or medical
certificate.
In view of the facts and circumstances of the case, the order dated
29.9.2009 passed by the Additional District Judge, Firozabad in
Session Trial No. 203 of 2007 is quashed. The revision is allowed
and the matter is remanded to the learned Sessions Judge,
Firozabad to decide the aforesaid case afresh in accordance with
law and in the light of law laid down by the Apex Court as well as
this Court, within three weeks from the date a certified copy of this
order is produced.
Order Date :- 29.1.2010
Rmk.
