PRAVEEN NAGAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THE petitioner has assailed the order dated 12.7.2011 passed by learned ASJ in appeal under Section 52 of Juvenile Justice (Care and Protection of Children) Act, 2000 against the order dated 13.12.2010 of Juvenile Justice Board (JJB) in case FIR No.88/2010 under Sections 302/364 IPC registered at Police Station Sonia Vihar.

(2.) THE petitioner was facing trial before the JJB as juvenile. THE complainant had filed an application disputing the juvenility of the petitioner and for his ossification test. THE JJB held that as in an earlier case against the petitioner vide FIR No.202/2008 Police Station Khajuri Khas, it had declared him as juvenile and so the same could not be reviewed by it. Taking the said declaration regarding the petitioner to be a juvenile, the JJB rejected the application of the complainant for conducting ossification test of the petitioner in order to determine his age afresh. THE said application was filed by the complainant on the premise that there was no reliable evidence adduced by the petitioner to ascertain his age. It was the plea of the complainant that the petitioner was not a juvenile and his having been declared as juvenile in the earlier case FIR No.202/2008 Police Station Khajuri Khas was not correct and so his ossification test was required to be done in order to ascertain his age.

(3.) I have heard learned counsel for the petitioner as also learned counsel for the complainant and learned APP for the State and perused the record including that of JJB in FIR No.202/2008.