AMIT THAPAR Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Amit Thapar, S/o Baldev Singh Thapar, R/o Guru Road, P.S. Dalanwala, District -Dehradun
State of Uttarakhand, through Home Secretary, Civil Secretariat, Dehradun and Mohit Rawat, S/o Sri Kuldeep Rawat,R/o Garhwali Colony, Nehru Gram, Dehradun
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(1.) Heard. This revision is directed against the judgement and order dated 24.05.2010, passed by Additional Sessions Judge/Fast Track Court, Vth, Dehradun, in Criminal Appeal no. 78 of 2009, whereby said court allowed the appeal and declared respondent no. 2 Mohit Rawat as Juvenile in conflict with law and declared that date of birth of Mohit Rawat is 3.12.1989.
(2.) Heard learned counsel for the parties, and perused the papers on record.
(3.) This case has a chequered history. It appears that in respect of an incident dated 29.06.2007, a crime no. 257 of 2007 was registered relating to offence punishable under 147, 307/34 of I.P.C., at police station, Kotwali, Dehradun against the certain accused including respondent no. 2 Mohit Rawat. An application was moved before Juvenile Justice Board, Dehradun, respondent no. 2 Mohit Rawat, and it was claimed that he was a Juvenile on the basis of a mark sheet of class Vth purporting to have been issued by Mother Land Primary School, Raipur showing date of birth in respect of the respondent no. 2 Mohit Rawat as 3.12.1989. Relying of said document vide order dated 13.07.2007, Juvenile Justice Board, Dehradun, declared respondent no. 2 as Juvenile and granted him bail.;
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