Decided on September 11,2007

Vikas Chudhary Appellant
STATE Respondents


S.RAVINDRA BHAT, J. - (1.) THE present revision petition is preferred against the impugned order dated 20.01.2007 passed by the learned Additional Sessions Judge (ASJ). The Petitioner is charged for committing offences under sections 302/364/34 of the Indian Penal Code.
(2.) THE brief facts necessary to decide this present petition are as follows: A complainant was lodged a complaint on 18.1.2003 that the 20 year old son, of the complainant who had gone out with his friends was missing. The next day i.e. on 19.1.2003 the Petitioner was suspected of involvement by the Police and detained for 2 -3 days. On the basis of investigation the petitioner was charged for the murder.
(3.) DURING the trial the Petitioner moved an application for transfer of his case to the Juvenile justice Board on the plea that he was a juvenile at the time of alleged commission of the offence. The court directed the investigating officer to verify the Secondary School Certificate of the petitioner and file a report. Later the Court directed the Investigating Officer to have the Petitioner's age determined by "a Bone ge test" as well as an X -ray. The Investigating officer filed the report of Dr. P.K.Jain, Senior Radiologist, who was of the opinion that the Petitioner was allegedly 22 -25 years old on the date of the test. The test was held on 09.08.2005. The trial court by its order dated 20.01.2007 held that the Petitioner was 19 years at the time of occurrence of the incident. The extracts of the order are as follows; "according to the conviction slip dated 4.5.2003, of the accused, which was filled on the basis of the information given by the accused, the age of the accused has been mentioned as 19 years and even after calculation, he was more than 18 years of age on the date of the alleged offence. Accordingly, in my opinion, accused was more than 18 years of age on the date of alleged offence dated 18.01.2003." ;

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