Supreme Court - Daily Orders
Karnail Singh vs The State Of Uttar Pradesh on 9 July, 2015
Bench: V. Gopala Gowda, S.A. Bobde
1
REVISED
ITEM NO.4 COURT NO.10 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 1440/2015
(Arising out of impugned final judgment and order dated 19/08/2014 in
GA No. 2237/1982 passed by the High Court Of Judicature at Allahabad)
KARNAIL SINGH Petitioner(s)
VERSUS
STATE OF U.P. AND ORS. Respondent(s)
WITH
SLP(Crl) No. 844/2015
(With appln.(s) for bail and appln.(s) for permission and appln.(s)
for permission to file additional documents and appln.(s) for
exemption from filing c/c of the impugned order and Office Report)
SLP(Crl) No. 2358/2015
(With appln.(s) for permission to file additional documents and
appln.(s) for bail and Office Report)
Date : 09/07/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE V. GOPALA GOWDA
HON'BLE MR. JUSTICE S.A. BOBDE
For Petitioner(s) Mr. P. Vishwanathan Shetty, Sr. Adv.
Mr. Manohar Singh Bakshi, Adv.
Mr. K.G. Bhagat, Adv.
Mr. L.S. Bakshi, Adv.
Mr. Rahul Dagar, Adv.
Mr. Mahesh Thakur, Adv.
Mr. Deepak S. Shetty,
Mr. Debasis Misra,Adv.
Signature Not Verified
For Respondent(s)
Digitally signed by
Vinod Kumar
Date: 2015.07.14
14:46:08 IST
Reason: Mr. Gaurav Bhatia, AAG
Mr. Garvesh Kabra, Adv.
Nida Khan, Adv.
Mr. Abhishek Chaudhary,Adv.
2
Mr. Pushpinder Singh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
SLP(Crl) No. 844/2015
Heard learned senior counsel for the petitioners, learned Additional Advocate General for the State and learned counsel for the de facto complainant.
This Court vide order dated 06.02.2015 has directed an inquiry by the concerned trial Judge, who has conducted the trial, to examine the claim of the petitioner, Karnail Singh in connection with S.T. No. 167/1981 with regard to the juvenility as defined under Section 2(l) of the Juvenile Justice (Care & Protection of Children) Act, 2000, for short 'the Act'. The learned Additional Sessions Judge, Rampur, after giving opportunity to both the parties including the de facto complainant, on the basis of the evidence adduced by the parties, particularly, the date of birth certificate obtained from the school and also the date of birth entered in the records of the school, in Family Register, Driving Licence and Adhar Card, at all the places the date of birth is recorded as 10.04.1964. The learned Additional Sessions Judge, Rampur, for the verification of the certificates relating to schools, has recorded the oral evidence of witness C.W.I Mrs. Suman Vyas, Head Mistress, Government Primary School, Rudrapur, 3 Udhamsinghnagar and C.W.2, Md. Iftikhar Uddin, Headmaster, In-charge, Government Junior High School, Rudrapur, Udhamsinghnagar and held that these witnesses have verified the transfer certificate of schools produced by the petitioner-Karnail Singh and witness Suman Vyas has proved photocopy of original register as Exhibit Kha-1, transfer certificate as Exhibit Kha-2 and Exhibit-Kha3. On evaluation of the said evidence, he came to the conclusion that the authenticity of the certificates relating to the schools produced by the petitioner-Karnail Singh is proved by the evidence of both these witnesses and on the basis of these certificates it is proved that the date of birth of the accused-Karnail Singh is 10.04.1964 and in accordance with the provisions of the Act, on the basis of this date of birth, he comes under the category of juvenile on 26.10.1980, i.e. the date of incident.
In view of the aforesaid categorical finding recorded by the learned Additional Sessions Judge, Rampur, the petitioner-Karnail Singh is required to be enlarged on bail under Section 12 of the Act. Accordingly, he shall be enlarged on bail subject to such terms and conditions as may be imposed by the court in seisin of the matter.
4SLP(Crl) No. 1440/2015 & SLP(Crl) No. 2358/2015 In respect of other matters, the learned Additional Advocate General appearing for the State prays for two weeks time.
Prayer allowed.
List the matter after two weeks along with connected matters.
Learned counsel for the de facto complainant states that copies of the paper-books in the connected matters are not served upon him. Learned counsel for the petitioners is directed to serve the same during the course of the day.
(VINOD KR.JHA) (MALA KUMARI SHARMA)
COURT MASTER COURT MASTER
5
ITEM NO.4 COURT NO.10 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 1440/2015
(Arising out of impugned final judgment and order dated 19/08/2014 in GA No. 2237/1982 passed by the High Court Of Judicature at Allahabad) KARNAIL SINGH Petitioner(s) VERSUS STATE OF U.P. AND ORS. Respondent(s) WITH SLP(Crl) No. 844/2015 (With appln.(s) for bail and appln.(s) for permission and appln.(s) for permission to file additional documents and appln.(s) for exemption from filing c/c of the impugned order and Office Report) SLP(Crl) No. 2358/2015 (With appln.(s) for permission to file additional documents and appln.(s) for bail and Office Report) Date : 09/07/2015 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Mr. P. Vishwanathan Shetty, Sr. Adv.
Mr. Manohar Singh Bakshi, Adv.
Mr. K.G. Bhagat, Adv.
Mr. L.S. Bakshi, Adv.
Mr. Rahul Dagar, Adv.
Mr. Mahesh Thakur, Adv.
Mr. Deepak S. Shetty, Mr. Debasis Misra,Adv.
For Respondent(s) Mr. Gaurav Bhatia, AAG Mr. Garvesh Kabra, Adv.
Nida Khan, Adv.
Mr. Abhishek Chaudhary,Adv.6
Mr. Pushpinder Singh, Adv.
UPON hearing the counsel the Court made the following O R D E R Heard learned senior counsel for the petitioners, learned Additional Advocate General for the State and learned counsel for the de facto complainant.
This Court vide order dated 06.02.2015 has directed an inquiry by the concerned trial Judge, who has conducted the trial, to examine the claim of the petitioner, Karnail Singh in connection with S.T. No. 167/1981 with regard to the juvenility as defined under Section 2(l) of the Juvenile Justice (Care & Protection of Children) Act, 2000, for short 'the Act'. The learned Additional Sessions Judge, Rampur, after giving opportunity to both the parties including the de facto complainant, on the basis of the evidence adduced by the parties, particularly, the date of birth certificate obtained from the school and also the date of birth entered in the records of the school, in Family Register, Driving Licence and Adhar Card, at all the places the date of birth is recorded as 10.04.1964. The learned Additional Sessions Judge, Rampur, for the verification of the certificates relating to schools, has recorded the oral evidence of witness C.W.I Mrs. Suman Vyas, Head Mistress, Government Primary School, Rudrapur, Udhamsinghnagar and C.W.2, Md. Iftikhar Uddin, Headmaster, 7 In-charge, Government Junior High School, Rudrapur, Udhamsinghnagar and held that these witnesses have verified the transfer certificate of schools produced by the petitioner-Karnail Singh and witness Suman Vyas has proved photocopy of original register as Exhibit Kha-1, transfer certificate as Exhibit Kha-2 and Exhibit-Kha3. On evaluation of the said evidence, he came to the conclusion that the authenticity of the certificates relating to the schools produced by the petitioner-Karnail Singh is proved by the evidence of both these witnesses and on the basis of these certificates it is proved that the date of birth of the accused-Karnail Singh is 10.04.1964 and in accordance with the provisions of the Act, on the basis of this date of birth, he comes under the category of juvenile on 26.10.1980, i.e. the date of incident.
In view of the aforesaid categorical finding recorded by the learned Additional Sessions Judge, Rampur, the petitioner-Karnail Singh is required to be enlarged on bail under Section 12 of the Act. Accordingly, he shall be enlarged on bail subject to such terms and conditions as may be imposed by the court in seisin of the matter.
In respect of other matters, the learned Additional Advocate General appearing for the State prays for two weeks time.
8Prayer allowed.
List the matter after two weeks along with connected matters.
Learned counsel for the de facto complainant states that copies of the paper-books in the connected matters are not served upon him. Learned counsel for the petitioners is directed to serve the same during the course of the day.
(VINOD KR.JHA) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER