S.C.CHAURASIA,J. - (1.) THIS revision has been preferred against the impugned order dated 07-08-2007, passed by the learned Additional Sessions Judge/F.T.C. Vth, Court No. 14, Sultanpur, in Sessions Trial No. 365 of 2006, State Vs Ninku alias Chandra Bhan Singh, whereby, he rejected the application 12-Kha moved on behalf of the revisionist/accused to declare him as juvenile in conflict with law.
(2.) THE brief facts, giving rise to present revision, are that the revisionist/accused, Ninku alias Chandra Bhan Singh, is facing trial in S.T. No. 365 of 2006. In the said Sessions Trial, an application 12-Kha was moved by the revisionist's father, Sri Mathura Singh to the effect that his son/accused Ninku alias Chandra Bhan Singh has studied from Class VI to VIII at Purva Madhyamik Vidhayalaya, Dadra Vikas Kshetra, Musafirkhana, District-Sultanpur and his date of birth is 16-10-1989. His age on the date of alleged incident was 16 years 10 months and 26 days and hence, he comes within the purview of a juvenile in conflict with law. Since the accused is a juvenile in conflict with law, the Sessions Court has no jurisdiction to try the case and the case should be tried by the Juvenile Justice Board, Faizabad, in accordance with the provisions of The Juvenile Justice (Care and Protection of Children) Act, 2000. It has been prayed that the appropriate order may be passed after declaring the accused as juvenile in conflict with law. The prosecution has filed objection against the said application to the effect that the accused is involved in a serious offence and the copy of the school certificate filed by him is doubtful. The medical examination of the accused is essential for determination of his age. After considering the record and hearing learned counsel for both the parties, learned Additional Sessions Judge, has rejected revisionist's application 12-Kha vide order dated 07-08-2007. Feeling aggrieved by the said order, the accused has preferred this revision.
(3.) I have heard Sri Rana M.P.Singh holding brief of Sri Sharad Pathak, learned counsel for the revisionist, Sri R.K.Srivastava, learned A.G.A., Sri S.P.Singh, learned counsel for the opposite party no. 2 and perused the record.;