- (1.) This criminal revision under Section 397/401 Cr.P.C. has been preferred against judgment and order dated 24.09.2004 passed by District and Sessions Judge, Ghazipur in Session Trial No. 636 of 2003, whereby application of revisionist against trial under the provisions of Juvenile Justice Act, 1986 (hereinafter referred to as the "Act, 1986") has been rejected.
(2.) The facts giving rise to present revision is that Application 23C was moved before Sessions Judge in Session Trial No. 636 of 2003 by Accused-Revisionist praying that he be declared as Juvenile, as at the time of incident on 16.07.1999 his age was 15 years, nine months and eight days. To substantiate his claim Accused-Revisionist submitted marks-sheet of High School according to which his date of birth was 08.10.1983. On that ground he pleaded that at the time of incident he was less than 16 years of age.
(3.) Trial Court held that age of accused has to be seen on the date of consideration, for deciding the question whether accused is Juvenile or not.;