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Allahabad High Court · body

2012 DIGILAW 1526 (ALL)

RAGHURAJ SINGH (NOW DEAD) v. STATE OF U. P.

2012-07-12

IMTIYAZ MURTAZA, VISHNU CHANDRA GUPTA

body2012
JUDGMENT By the Court.—Application under Section 7-A of Juvenile Justice (Care and Protection of Children) Act, 2000 has been moved on behalf of appellant Surender Singh claiming himself to be less than 18 years on the date of alleged occurrence. This plea has not been taken before the Court below. 2. We have heard the learned Counsel for the parties and perused the record. No evidence in support of application has been given by the appellant. The application has been moved after 28 years of presenting the appeal by the appellant. Merely on the basis of affidavit wherein neither any documentary proof of age nor age assessed on the basis of medical examination has been brought on record. Burden to prove that appellant was juvenile in conflict with law in view of provisions contains in Juvenile Justice (Care and Protection of Children) Act, 2000, is on the appellant, in which he failed. Therefore we are of the firm opinion that this application has been moved only to delay the proceedings of appeal. Hence the application is dismissed. ——————