JITENDER CHOUDHARY ALIAS JATAN KUMAR Vs. STATE

JUDGEMENT

(1.) Vide instant petition, petitioner has assailed the order dated 30.01.2009 whereby the application of the petitioner for declaring him a juvenile under provision of the Juvenile Justice (Care & Protection of Children) Act, 2000 (hereinafter referred as the JJ Act, 2000 ) has been dismissed by learned Additional Sessions Judge, Delhi.

(2.) Mr.Abhishek Verma, learned counsel for petitioner has submitted that the Trial Judge has not relied upon the annual report cards of different academic sessions upto 09 th standard of Blue Bird Higher Secondary School, Aligrah, UP, certificate issued by the Registrar of Birth and Death and other material documents including the ossification report, however, has rejected the application of petitioner vide impugned order dated 30.01.2009.

(3.) The petitioner has claimed to be born on 22.12.1990 which was recorded in the annual report cards. Besides there was a family register, giving details of the family of Shri Satveer Singh, father of the petitioner which also depicts his date of his birth as 02.12.1990. The Block Development Officer, has also issued the certificate that Jitender Choudhary @ Jatan Kumar was born on 21.12.1990. Lastly, birth certificate issued on 05.06.2008 by Aligrah Municipality, UP has also been placed on record, wherein it is recorded that petitioner was born on 21.12.1990. It is further submitted that on the date of alleged occurrence i.e. 12.06.2006, petitioner was below 18 years of age on the basis of his date of birth.