RAVI UL ISLAM Vs. STATE OF DELHI

JUDGEMENT

(1.) This Revision petition is directed against the Order of the Additional Sessions Judge, New Delhi in Sessions Case No. 05/05 arising out of FIR No. 568/04 under Section 20/61/ 85 NDPS Act. Police Station New Friends Colony. Whereby the learned Judge vide his Order dated 5th February, 2005. has discarded the school leaving certificate of the petitioner and has relied upon the Medical Board's Report to come to the conclusion that the petitioner is not a juvenile.

(2.) It is contended by Counsel for the Petitioner that the Petitioner had led evidence of AW-1 Smt. Kanta Kumari and AW-2, Smt. Parul, who is the mother of the petitioner. Both these witnesses have deposed that the date of birth of the petitioner is 1st July, 11991. While cross-examining AW-2 a suggestion was put to her that she deliberately withheld the certificate from the MCD. In another words, according to the prosecution, there was an entry in the birth/death register of the Municipal Corporation, which has been withheld by AW-2.

(3.) Counsel for the Petitioner contends that the prosecution has not been able to prove that the date of birth of the Petitioner is not 1st July, 1991, while the Petitioner has led evidence to this effect. He further submits that the ossification test shows that the Petitioner is above 18 years and below 19 years. This test is not an authentic test and there is no reason why the school leaving certificate ought to be disbelieved.