MANOJ @ MONU @ VISHAL CHAUDHARY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in the present appeal is to an order passed by the High Court of Punjab and Haryana at Chandigarh dated 30.07.2019, whereby an order passed by the learned Additional Sessions Judge, Fatehabad declaring the present appellant as juvenile in conflict with law was set aside and the appellant was ordered to stand trial as an adult.

(2.) The facts relevant for the determination of the present appeal are that the appellant was arrayed as an accused in respect of an occurrence on 18.01.2011, wherein the allegation against the appellant was that he waylaid a car and snatched Rs. 22 lacs from the occupants of the car. The complainant was one of the occupant of the car, whereas, another occupant - Bhim Singh lost his life on account of bullet fired on him. During the pendency of the trial, the appellant moved an application on 07.10.2014 claiming that he was a juvenile as on the date of the incident, relying upon his school record disclosing his date of birth as 13.05.1993. The learned Additional Sessions Judge accepted the plea of the appellant and declared him to be juvenile vide order dated 09.01.2015. Such order was challenged before the High Court by way of a revision petition. The revision was allowed on 04.05.2016 and the matter was remitted back to the trial court for adjudicating afresh.

(3.) The learned Additional Sessions Judge, after remand, found the appellant to be 16 years 8 months and 5 days old on the date of incident as per the Ossification Test report. The age of the appellant as assessed by the Board of Doctors in the report was 23-24 years. The High Court however while setting aside the order of the learned Additional Sessions Judge relied upon the family register prepared under The U.P. Panchayat Raj (Maintenance of Family Register) Rules, 1970 (For short, 'Family Register Rules') to hold that the appellant's plea of juvenility cannot be allowed. Such order is the subject matter of challenge in the present appeal.