Ghudaram S/o Late Shri Pokharram v. State of Rajasthan Through PP
2008-01-31
NARENDRA KUMAR JAIN
body2008
DigiLaw.ai
JUDGMENT 1. - Heard learned counsel for the parties. 2. This revision petition, on behalf of the complainant, under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, is directed against the impugned order dated 16.04.2007, whereby the trial court recorded a finding that accused Sanju @ Sanjaypal S/o Omniwas is juvenile. 3. The learned counsel for the petitioner contended that the finding of the trial court is illegal as he has not considered the evidence produced by the complainant correctly. He referred Exhibit-8, ration-card, Exhibit-5A, the application wherein the father of Sanju mentioned the age of Sanju as 14 years at the relevant time. He, therefore, contended that the impugned order is liable to be set-aside. 4. The learned counsel for the accused-non-petitioners supported the impugned judgment and contended that there is no illegality in the impugned judgment so as to interfere in the revisional jurisdiction. 5. I have considered, the submissions of learned counsel for both the parties and examined the impugned judgment, which has been passed by the trial court in detail, in the light of submissions of learned counsel for the parties. 6. The trial court, in Para 12 of the impugned judgment, has assigned the reasons for recording a finding that accused Sanju is juvenile. The trial court has taken into consideration that the original scholar-register of Raj. Public Senior Secondary School, Mandawa, along-with the original application of admission of Sanju @ Sanjaypal was placed on the record wherein his date of birth mentioned as 10.10.1989. He has also considered the scholar-register Exhibit-1A of the accused whereby accused took admission in Class-I and in the said register the date of birth was maintained as 05.08.1989, the another scholar-register Exhibit-4A, wherein date of accused was mentioned as 10.10.1989. Apart from above, the trial court has also considered medical evidence with regard to the age of the accused and only thereafter finding has been recorded that accused Sanju was juvenile.After considering all the facts and circumstances of the case and the submissions of the learned counsel for the parties as well as the finding of the trial court, I do not find any merit in this petition and the same is accordingly dismissed.Revision dismissed. *******