MAHENDER SINGH Vs. STATE

JUDGEMENT

(1.) By this order we propose to dispose of the application filed by the applicant under Section 7(A) of the Juvenile Justice (Care and Protection of Children) Act, 2000. It has been stated in the application that it came to the knowledge of the counsel for the applicant that he had disclosed his age as 21 years in his statement recorded under Section 313 Cr.P.C. on 24.7.1998, through which counsel learnt that the applicant was a juvenile at the date of the alleged occurrence of the incident, which happened on 21.12.1992. It is further stated that thereafter the counsel for the applicant made necessary enquiries from the applicant and examined his ration card, Election Commission identity card and Adhaar card wherefrom it was found that the applicant was born in the year 1976. After making further enquiries with the school authorities where the applicant had studied upto 5th standard it could be found that as per the records maintained in Gaushala Sanatan Dharam Primary School, Bholanath Nagar, Shahadara, Delhi, the date of birth of the applicant was entered as 21st March, 1976 and date of his admission in the school was mentioned as 18.8.81. It was also found from the school record that the applicant has completed his 5th standard on 30th April, 1986. Photocopies of all these documents have been placed on record by the applicant in support of his averments forming part of his said application.

(2.) On the last date, this Court directed notice of this application to the State, in response thereto, status report has been filed by the State. Alongwith the status report, the State has placed on record the certificate issued by Principal, Sanatan Dharam Devnagri Pathshala, Shahdara, Delhi certifying that the applicant had studied in the said school from 1st standard to 5th standard and as per their records, his date of birth mentioned therein is 21.3.76. State has already placed on record photocopy of the sheet taken out from the admission and withdrawal register of the said school wherein also the date of birth of the applicant has been disclosed as 21.3.1976. Photocopies of two other documents have also been placed on record for confirming the said date of birth of the applicant. State thus has not disputed the said claim of the applicant that he was born on 21.3.1976. This factum of the date of birth of the applicant primarily has been verified from the school records of the applicant where he had studied from 1st to 5th standard.

(3.) Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 prescribes the following procedure to be followed by the Court for determining the age of a person claiming himself to be a juvenile. The same is reproduced as under:-