PARVINDER SINGH Vs. STATE

JUDGEMENT

(1.) This Court by order dated 23.04.2012 directed that the application under Section 49 read with Section 7A of Juvenile Justice (Care and Protection of Children) Act, 2000 should be enquired into by the Joint Registrar, a Judicial Officer from the DHJS cadre. His report dated 23.05.2012 has been received; the same is on the record.

(2.) The incident in this case which led to the Appellant s conviction took place on 30.08.1992. The Appellant claimed in the course of these proceedings that he was a juvenile less than 18 years as on that day since his date of birth was 20.01.1976. The Appellant relied upon the school records. He studied in three schools. The first school in which he was admitted, on 01.08.1981 recorded his date of birth as 20.01.1976. In the course of the CRL.A. 182/1998 page 1 of 4enquiry directed by the Court the school official was examined as AW-1. The second and third schools where the Appellant studied also recorded his date of birth as 20.01.1976 although on the basis of the previous school records and the transfer certificate issued. During the course of the enquiry, it was also noted that at the time of admission, Appellant s father had given his affidavit dated 08.08.1985 mentioning the date of birth of the Appellant as 20.01.1976. Besides these, the ration card of the Appellant s family was produced. The testimonies of all six witnesses were recorded in the enquiry.

(3.) The relevant part of the enquiry report reads as follows :