HARJEET SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) VIDE the instant petition the petitioner is seeking for setting aside the impugned order dated 30th November 2011 passed in application being moved by the petitioner in case FIR No.1/2011 registered by Police Station Vikas Puri for the offences punishable under Section 302/34 Indian Penal Code, 1860.

(2.) THE petitioner has asserted by the instant petition that the exact date of birth of the petitioner is 28.12.1993, which was confirmed and verified by all witnesses including Registrar, Death and Birth, who issued the birth certificate Annexure P-7 on the proper direction of the Sub Divisional Magistrate after holding and conducting enquiry. In the statements of witnesses, village Panchayat and other material witnesses like the mother and father of the petitioner having special knowledge who proved and verified during enquiry that petitioner was juvenile at the time of commission of the offence, his date of birth as 28.12.1993.

(3.) LEARNED counsel has relied upon Brij Mohan Singh v. Priya : AIR 1965 282 decided by the five Judges' Bench whereby it was held that it will not be proper for the Court to base any conclusion about the petitioner's age on entries in these documents. The conditional Shabat Patter dated 29.04.2000 is incorrect, tainted, contains incorrect date of birth and incorrect date of filing.