SANTOSH SINGH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) LEARNED Counsel state that the entire relevant material/evidence necessary for the disposal of the present petition has been filed and is on record and the matter may be heard and disposed of. Accordingly, I have heard the learned Counsel appearing for the petitioner and the learned APP for the State.

(2.) BY the impugned order dated 14th December, 2009, learned Metropolitan Magistrate has decided two applications which were filed by Mintoo Kumar Singh and Santosh Singh that they were juvenile and the matter should be referred to Juvenile Justice Board in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act for short). In the impugned order, it has been held that Mintoo Kumar Singh was a juvenile but the petitioner herein Santosh Singh was more than 18 years of age at the time of alleged offence i.e. 9th February, 2008 and accordingly, can be tried under the ordinary law.

(3.) IT is an admitted position that Santosh Singh is not a matriculate. Santosh Singh also does not have a birth certificate given by Corporation, Municipal Authority or Panchayat. What was placed on record was a transfer certificate issued by District Education Department, Sitamarja Rajkiye Madhya/Prathmik Vidhyalaya, Srinagar, Sitamani, Bihar. As per the said transfer certificate Santosh Singh was admitted to the school on 29th January, 1993 and had studied up to 15th July, 2003. He left the school while studying in class V. The date of birth of the Santosh Singh at the time of admission in the school was recorded as 5th July, 1985.