BABLU Vs. STATE

JUDGEMENT

(1.) The petitioner has filed the present revision petition, inter alia, impugning an order dated 31.03.2018 passed by the Juvenile Justice Board, whereby the petitioner was found to be a major and accordingly, his files were sent to the concerned Court.

(2.) The petitioner is an accused in FIR bearing no. 16/2018, under Section 376 of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), registered with PS F.P. Beri, Delhi. An inquiry had been conducted regarding the age of the petitioner and two doctors, Dr Gaurav Vinod Jain (CW1) and Dr Puneet Garg (CW2) were examined. They opined that the petitioner is a major and is more than twenty-one years of age on the date of examination; that is, as on 29.01.2018. It was alleged that the offence had been committed in June/July 2017. Considering the above, the learned JJB concluded that the petitioner was not a minor on the date of the offence.

(3.) The petitioner has filed the present petition, inter alia, stating that subsequent to passing of the said order, the petitioner had found a certificate dated 01.07.2010, issued by the Children's Academy J.H. School, Bareilly, which indicates the petitioner's date of birth to be 30.05.2000.