Mohd. Hafiz vs State Of U.P.
2023 Latest Caselaw 21248 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:159752
 
Court No. - 81
 
Case :- CRIMINAL REVISION No. - 1145 of 1991
 
Revisionist :- Mohd. Hafiz
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Sri P. Khgare
 
Counsel for Opposite Party :- A.G.A.
 
Hon'ble Umesh Chandra Sharma,J.

List has been revised. Revisionists or their learned counsel is not present although learned A.G.A. is present.

This criminal revision has been preferred against the judgement and order dated 14.8.1991, passed by learned District and Sessions Judge, Kanpur Nagar, in Criminal Appeal No.66/1991 and against the impugned order, the appeal preferred u/s 37 of Juvenile Justice Act had been rejected on the ground that as per C.M.O. report, accused Mohd. Nafis was aged about 18 years and accused Mohd. Hafiz was aged about 18-19 years. A report was also called for from the police concerned, who has reported that as per the record, accused Hafiz was aged about 20 years and accused Nafis was aged about 18 years on the date and time of occurrence. Both the accused persons were accused in crime no.137 of 1991 u/s 307 IPC and 4/5 Explosive Substance Act. It would be pertinent to mention here that on the date and time of occurrence the age of juvenality was 16 years, later on, it has been enhanced from 16 to 18 years. Thus, from both the evidences, it had been established that on the date and time of occurrence, accused persons were above 16 years of age, hence the impugned appeal preferred by these revisionists was dismissed.

This Court does not find any illegality or impropriety in the impugned judgment and order. Finding is based upon the evidence. Appraisal of evidence is according to law. So, I do not find any reason to interfere in the impugned judgment and order. Consequently, revision is devoid of merit and is liable to be dismissed.

Revision is dismissed.

Registry is directed to inform the trial court to proceed with the case in accordance with law.

Order Date :- 8.8.2023 m.a.