DEEPAK Vs. STATE (NATIONAL CAPITAL TERRITORY OF DELHI)

JUDGEMENT

(1.) PRESENT revision petition has been preferred by the petitioner to challenge the legality and correctness of an order dated 18.09.2014 of learned Addl. Sessions Judge whereby application under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 filed on his behalf was dismissed with costs. Status report is on record.

(2.) I have heard the learned counsel for the parties and have examined the file. The petitioner claims juvenility on the date of incident. It is claimed that his date of birth is 04.12.1992 as recorded in the School Admission Register in Sant Nirankari Boys Senior Secondary School, Sant Nirankari Colony, Delhi, where he took admission for the first time. This document could not be produced in the earlier enquiry as the petitioner, who was in custody, could not collect it.

(3.) IT is a matter of record that the petitioner had claimed himself to be juvenile earlier on 19.02.2011. The Trial Court conducted Ossification Test for determination of his age. Order dated 26.02.2011 reflects that petitioner's father Ram Mehar had relied upon a Birth Certificate allegedly issued by the Registrar of Birth and Death. When he was asked to furnish the original, he failed to produce it. When he was told as to why he should not be prosecuted for filing false / forged document, he voluntarily tendered apology and prayed to take lenient view. Keeping in view the apology voluntarily tendered by him, he was sentenced to pay a fine Rs. 200/ - which was deposited. It is relevant to note that on enquiry, it was found that no such Birth Certificate was issued by the competent authority.