- (1.) By this revision under section 53 of Juvenile Justice (Care and Protection of Children) Act 2000, (hereinafter referred to as "the Act of 2000"), the revisionist Sonu @ Avanish Shanka Tiwari has assailed the order dated 27.4.2010 rendered by Special Judge (E.C. Act), Gonda in Sessions Trial No. 183 of 1999, State v. Shiv Shankar Tiwari and others, whereby the learned Special Judge refused to declare the revisionist as a juvenile.
(2.) Heard Mr. R.P. Mishra the learned counsel for the revisionist, Mr. M.K. Mishra for the respondent No.2 and the learned AGA for the respondent No.1 and perused the record.
(3.) It appears that in the aforesaid Sessions Trial, the revisionist Sonu @ Avanish Shanka Tiwari is an accused under section 147, 148, 149, 307 and 302 IPC. The incident relating to the case took place on 13.5.1998. The revisionist Sonu @ Avanish Shankar Tiwari claimed himself as a Juvenile and pleaded that his date of birth as per the High School certificate was 6.7.1981. In the school first attended the date of birth is recorded as 20.3.1981. A copy of the voter list has been filed by the respondents, which shows that the revisionist was aged about 32 years in the year 2009. The learned Special Judge held an inquiry under section 7-A of the Act of 2000 and arrived at the conclusion that the revisionist was more than 18 years on the date of the occurrence. During the inquiry, the revisionist's father CW-2 Shiv Shankar Tiwari appeared as a witness in support of the plea of juvenility of the revisionist. One Sri O.S. Jackson, a clerk in the Chambers Memorial Girls School, Gonda also appeared as a witness along with the original school register.;