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Judgment
B.K. Rathi, J.—Heard Sri V.P. Srivastava, learned Counsel for the applicant and the learned A.G.A.
This revision has been filed under Sections 397, 401, Code of Criminal Procedure against the order dated 11.8.1998 passed by VIIIth Additional Sessions Judge, Agra, in S.T. No. 659 of 1993.
The facts of the case are that the applicant is facing trial u/s 376, I.P.C. He moved an application alleging that he is minor and should be tried before the Juvenile Judge. That application was rejected by the impugned order. Aggrieved by it, the present revision has been preferred.
The incident of this case took place on 25.11.1989 and the offence is registered u/s 376, I.P.C. The charge against the applicant was framed on 3.1.1994. Thereafter, six witnesses were examined in the case till 6.10.1995. The applicant had never raised any objection since 1989 to 6.10.1995 that he is juvenile. Thereafter, he moved an application that he is juvenile on the basis of a school certificate. Prima facie the allegation appears to be false and it appears that the applicant was not able to find any defence, therefore, he manipulated a school certificate and moved an application that he was minor on the date of the incident. All this fact shows that false certificate was obtained and the applicant is not a juvenile.
It has been experienced that the accused are using Juvenile Justice Act as defence and obtain false school certificates and alleged that he is juvenile only to cause delay in the disposal of the case. The present case is similar, expected the certificate, the applicant did not produce any evidence that he was juvenile in the year 1989. The application was rightly rejected.
1 do not find any illegality in the order. The revision is dismissed.