- (1.) INSTANT criminal revision has been filed challenging the order dated 20.5.2013 passed by Additional District Judge, Court No.2 Unnao by which opposite party no.2 Sarvesh was declared to be juvenile on the date i.e 4.10.2007.
(2.) AS per factual matrix of the case, a first information report was lodged by Sri Bishun Pal in Police Station -Auras,District - Unnao,under Sections 147,148,149,302,307,323,504 IPC and Section 7 Criminal Law Amendment Act, naming Sajiwan Lal, Sarvesh, Sushil, Jai Hind, Virendra and Nanhe as accused.After investigation, charge -sheet was submitted. During trial, an application was moved by Sarvesh Kumar allegedly that at the time of occurrence his age was 16 years 10 months so he may be declared juvenile. On this, notices were issued to prosecution and learned court below after going through the evidence of the parties declared the accused Sarvesh Kumar to be juvenile. Feeling aggrieved, this criminal revision was filed.
(3.) HEARD Sri Hemant Kumar Misra learned counsel for the revisionist, Sri Maneesh Kumar Singh, Navita Sharma, R.K. Singh learned counsel for opposite party no.2 and Sri Sharad Dixit learned AGA for the State. It was submitted by learned counsel for the revisionist that at the time of framing of charges,accused(Sarvesh Kumar) himself admitted his age to be 24 years at the time of passing of the impugned order. Most of the witnesses have been examined. It was further submitted that Learned Additional District Judge has wrongly interpreted the Juvenile Justice, Rule 2007. The authenticity of evidence which is admissible under Rule 12(3)(a)(iii) and Rule 12(3)(b). According to Rules, Sessions Judge should have relied upon the said evidence but the same was ignored. It was further submitted that learned Additional District Judge has wrongly accepted the secondary evidence. It was further submitted that the Medical Board after examining Sarves Kumar has determined the age to be 25 years on 18.3.2013. This makes age of opposite party no.2 to be 20 years on the date of occurrence.;