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Ramjani vs State Of Rajasthan Through Pp on 30 March, 2017

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.

Arti/46

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