VIKAS Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C preferred by the petitioner for quashing of the impugned order dated 23.1.2010 passed by learned ASJ whereby the petitioner's application for declaring him juvenile under Amended Section 7(A) of the Juvenile Justice Act was dismissed and his claim of juvenility was rejected.

(2.) The petitioner along with other co-accused was involved in a case under Section 365/302/34 IPC. The petitioner claimed to be juvenile at the time of alleged commission of offence. The other co-accused Mohar Pal also claimed to be a juvenile. Both of them have filed applications for transferring their case to Juvenile Justice Board claiming themselves to be juvenile. The petitioner claimed to be aged about 15 years and 2 months at the time of occurrence of alleged offence and having studied up to 5 th class at Gomti Prathmik Vidyalaya, Attroli, Aligarh. In support of these contentions, he filed school leaving certificate issued by the school and counter signed by the District Basic Education Officer, Aligarh. The Magistrate sent the said certificate for verification as per which the same was reported to be forged. The detailed report was given by District Basic Education Officer, Aligarh dated 28.3.2009. Thereafter, the concerned MM directed for ossification test of the petitioner in a government hospital and as per which he was reported to be aged more than 20 years. The verification report was also sought from the SHO concerned who vide report dated 2.9.2009 given by constable Inderraj reported the date of birth of the petitioner to be 4.9.1993 as per school certificate. The certificate issued by the Principal stating the date of birth of the petitioner to be 4.9.1993 was also annexed along with the report. The learned ASJ while replying upon the verification report dated 28.3.2009 issued by the District Basic Education Officer, Aligarh and discarding the verification report of constable Inderraj recorded as under:

(3.) However, with regard to the school leaving certificate of co-accused Mohar Pal who had also claimed to be a juvenile with his date of birth to be 2.1.1993 as per the school leaving certificate duly verified and whose age was also reported to be 20 years as per the ossification test, the learned ASJ recorded that, "The correctness of the entry recording the age of accused Mohar Pal is seriously disputed by the State and accordingly it will be appropriate to ask the accused Mohar Pal to lead evidence in support of his actual date of birth/age." Accordingly the matter was adjourned for recording the evidence on behalf of co-accused Mohar Pal to prove his assertion of being a juvenile.