HEMA RAWAT Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-12-12
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on December 04,2012

Hema Rawat Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Challenge in this petition is to the chargesheet submitted against the applicant Hema Rawat and her son Mohit Rawat for the offences under Section 193, 420 read with Section 120 B IPC on 23.1.2008 pertaining to Crime No. 405/2007 and also the order of cognizance dated 9.5.2008 passed pursuant to the said chargesheet.
(2.) Theme of the entire episode as emerging out from the FIR dated 29.6.2007 lodged by Anil Kanti under Section 307 IPC against unknown persons. During the investigation, complicity of Mr. Mohit Rawat was found as an assailant, who opened fire. He was arrested by the police. His juvenility was claimed by his mother stating his date of birth as 3.12.1989. As per the certificate of the Central Board of Secondary Education (CBSE) as well as the marksheet of the said board, his date of birth is 3.12.1989, so he was below 18 years and thus he was declared juvenile and granted bail by the Juvenile Justice Board.
(3.) Later on his granting bail was agitated by producing an admission form of Mohit Rawat, which was submitted on 3.7.1989 while seeking admission in the Motherland School based at Nehru Gram, Dehradun. So, the argument was raised that a child who was seeking admission in the school on 3.7.1989 cannot be said to have born on 3.12.1989. On this ground, bail granted to Mohit Rawat was cancelled by the Juvenile Justice Board. This order was also affirmed by the Sessions Judge, Dehradun. However, subsequently the accused Mohit Rawat was granted bail by this Court on sundry grounds.;


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