DAYACHAND Vs. SAHIB SINGH

JUDGEMENT

(1.) This petition is for grant of special leave against the order dated 10-8-1990 passed by the High Court of Delhi in Criminal Revision No. 140 of 1989, by which the order dated 15-12-1988 passed by Shri P. D. Gupta, Metropolitan Magistrate, Delhi, holding that the respondent No. 1, Sahib Singh is not a juvenile, being above the age of 16 years, and affirmed by the order dated 12-5-1989 passed by Shri M. A. Khan, Additional Sessions Judge, Delhi, has been set aside and it was held that respondent No. 1, Sahib Singh's date of birth is 1-1-1973, according to which he was a juvenile, being below the age of 16 years on 26-7-1988, the date of the offence. This question arose on a bail application being moved in a murder case on the ground that the accused/respondent No. 1, Sahib Singh was below the age of 16 years on the date of offence. When the matter arising out of the bail application came to the High Court, by an order dated 13-10-1988, the High Court ordered an inquiry into the question of his age which led to the making of the above order by the Metropolitan Magistrate after the inquiry with the consequence stated.

(2.) Leave granted.

(3.) The offence of murder was committed on 26-7-1988, which led to the arrest and prosecution of respondent No. 1, Sahib Singh for that offence. In the aforesaid inquiry,directd by the High Court for deciding the question of bail of respondent No. 1, Sahib Singh, evidence was led by both sides which included the evidence of a Medical Board constituted for this purpose. At the inquiry, apart from the medical evidence, the prosecution examined H.,J. Solomon, Head Master, St. John Secondary School, Kherakhurd, Delhi, to prove that the date of birth of respondent No. 1, Sahib Singh, recorded in that School was 12-2-1968 while the evidence of Shishu Pal, a teacher in M. C. Primary School, Ghanta Ghar, Delhi, and Ranbir Singh of the Government Boys School, Khera Khurd, Delhi, was adduced by the other side to prove his date of birth as 1-1-1973. The medical evidence comprises of the statement of Dr. C. P. Sharma, Radiologist, Hindu Rao Hospital, and Dr. M. P. Sarangi, Asstt. Professor of Forensic Medicine, Maulana Azad Medical College, New Delhi. This shows the age estimated on 16-3-1989 when Sahib Singh was medically examined by the Medical Board, to be not less than 20 years on that date. On the basis of this evidence, the Metropolitan Magistrate held it proved that Sahib Singh was above the age of 16 years on 26-7-1988, the date of offence. This view was affirmed by the learned Additional Sessions Judge. However, the High Court, in Revision, has taken a different view based on the evidence led on behalf of Sahib Singh and accepting the testimony of Sahib Singh's mother, Dhanpati, together with the evidence of Shishu Pal and Ranbir Singh it has been held that Sahib Singh's age was below 16 years on 26-7-1988, the date of offence. This appeal is against the High Court's order.