DHARAM VEER Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2012-11-80
HIGH COURT OF UTTARAKHAND
Decided on November 20,2012

DHARAM VEER Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) Having heard Mr. Parikshit Saini, Advocate, for the revisionist and Mr. M.A. Khan, AGA for the State, it appears that the accused Sonu (respondent no.2) was charge-sheeted for the offence punishable under Section 377 IPC, pertaining to Police Station Pathri, District Haridwar, bearing crime no.15 of 2005.
(2.) At the first instance, the accused raised the plea of juvenility on the basis of school records, wherefor he produced the Scholar's Register and Transfer Certificate Form issued by the Principal, Intermediate College, Ferrupur (Ramkhera), District Haridwar, divulging his date of birth '6.4.1987'. The date of commission of crime was 12.3.2005, this way, on the date of occurrence, he was about 17 years, 11 months and 6 days of age, i.e. below 18 years. He was taken before the Juvenile Board for the purpose of determination of age. The Board, by relying upon the said Certificate, which was also not agitated by the prosecution, vide order dated 08.04.2005, declared the accused Sonu to be a Juvenile.
(3.) Against the said order, the complainant/revisionist preferred an appeal which was adjudicated by the Sessions Judge, Haridwar, who dismissed the same vide judgment and order dated 4.7.2005, thereby affirmed the findings recorded by the Juvenile Board on 8.4.2005.;


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