- (1.)In this Special Leave Petition, while ordering notice on 20th January, 2014, such notice was confined to the question as to whether the Petitioner was a juvenile at the time of the commission of the offence. By our subsequent order dated 2nd July, 2014, after hearing learned Counsel for the Petitioner as well as the Respondent-State, we directed the Additional Sessions Judge, Dausa Camp, Jaipur to hold an inquiry to find out as to whether the Petitioner was a juvenile on the date of the commission of the offence i.e. 20th January, 1985. The learned Sessions Judge was directed to give an opportunity to the Petitioner to produce all requisite materials in support of the claim that he was a juvenile on the date of the occurrence and also to call for necessary documents from school authorities for ascertaining the said question.
(2.)Pursuant to our order, the learned Sessions Judge after holding an inquiry has submitted his Report dated 16th October, 2014. After detailed reference to the various materials placed before him, the learned Additional Sessions Judge, Dausa Camp, Jaipur, Rajasthan has submitted as under:
It is, therefore, having determined the age of Petitioner/accused Mahesh Jogi son of Parasram, Caste-Jogi, resident of Bagwada, Police Station-Aamer, District-Jaipur (Raj.) order is passed that in Session Case No. 18/86(58/85) titled State v. Mahesh, the age of Petitioner/accused on the date of commission of offence i.e. 20.01.1985 was about 17 years 04 months, meaning thereby that he had attained the age of 16 years and therefore he is not a juvenile delinquent.

[underlying is ours]

(3.)Leave granted.