V.P. Pathak, J. - (1.) Heard Shri Amit Daga, learned counsel for the revisionist as well as learned AGA for the State and Shri Jitendra Kumar Sisodia, learned counsel for the opposite party No. 2.
(2.) The present criminal revision has been preferred against the impugned order dated 18.12.2012 passed by Additional Sessions Judge, Court No. 3, Aligarh in Sessions Trial No. 1060A of 2006, by which the application 32Kha, filed by the accused -opposite party No. 2, Amit, has been allowed and he has been held juvenile on the date of occurrence.
(3.) The factual matrix of the present matter is that the incident is alleged to have taken place on 01.07.2006, for which an FIR was got lodged on 07.07.2006 at Police Station Sasni Gate, District Aligarh against five accused persons including the opposite party No. 2, Amit son of Shankarpal for abducting and killing the son of the complainant/revisionist. During the pendency of the aforesaid sessions trial before the trial court, an application 32Kha was moved by the accused -opposite party No. 2, Amit on 06.06.2007 with the prayer to declare him juvenile on the ground that at the time of incident he was minor and in the High School Mark Sheet his date of birth is mentioned as 05.07.1989 and the alleged incident is shown to be of 01.07.2006, hence at the time of incident he was juvenile aged about 17 years. In support of the said application moved by the accused -opposite party No. 2, Amit, High School Mark Sheet issued by Madhyamik Shiksha Parishad Uttar Pradesh has been filed.;