HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Revision No. 2089 / 2016
Ramjani S/o Late Shri Ramjoli B/c Musalman, Aged About 33
Years, R/o Kutakpur, Tehsil Hindaun, Distt. Karauli (raj.)
—-Petitioner
Versus
State of Rajasthan Through PP
—-Respondent
_____________________________________________________
For Petitioner(s) : Dr. Pushpendra Pal Singh
For Respondent(s) : Mr. Sudesh Saini, PP
_____________________________________________________
HON’BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
30/03/2017
1. Petitioner has preferred this revision aggrieved by the
judgment and order dated 02.06.2001 passed by the Additional
Sessions Judge, Hindauncity, whereby, the appeal filed by the
counsel for the petitioner against judgment dated 19.09.1997 vide
which the petitioner was convicted under Section 354 IPC and
sentenced for two years simple imprisonment with fine or
Rs.2,000/- was partly allowed and benefit of probation was
extended to the petitioner.
2. It is contended by the counsel for the petitioner that the
date of birth of petitioner is 16.08.1983. The alleged incident took
place on 26.01.1990. F.I.R. was loged on 19.02.1990. The
petitioner was below seven years on the date of the alleged
offence. Petitioner has placed on record mark-sheet issued by
Hindu Sahitya Sammelan, Allahabad, wherein, the date of birth of
(2 of 2)
[CRLR-2089/2016]
the petitioner is mentioned as 16.08.1983.
3. It is contended that the Courts below have proceeded
against a boy who was below seven years and has committed
grave error in converting the petition.
4. Learned Public Prosecutor has opposed the revision petition.
5. I have considered the contentions.
6. Petitioner was only six years and five month on the date of
the alleged offence. There was delay of 23 days in lodging the
F.I.R. As per Section 82 of the IPC, “Nothing is an offence which is
done by a child under seven years of age”.
7. In view of the above, the order of conversion as well as the
order passed by the appellate Court deserve to be and are hereby
set aside.
8. Revision petition is allowed. Petitioner is acquitted of the
charges. Stay application also stands disposed of.
.
(PANKAJ BHANDARI)J.
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