MANJEET Vs. STATE OF DELHI

JUDGEMENT

(1.) The question involved in this case is as to whether the petitioner is a juvenile and is, therefore, to be tried by the Juvenile Board.

(2.) The petitioner is charged under Sections 304-B/498-A/34, IPC along with certain other co-accused. He was arrested on 11.10.2002 and is in custody till date. The case is being tried by Mr. Lal Singh, ASJ, New Delhi. The petitioner had moved an application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, read with Section 439, Cr.P.C. (hereinafter referred as 'the Act' for short) praying for sending his case to Juvenile Court for trial and for grant of bail alleging that he was juvenile under the aforesaid Act. The application of the petitioner had been rejected by the ASJ vide order dated 7.1.2004 and in these circumstances present petition is filed under Section 482 of the Code of Criminal Procedure for quashing of order dated 7.1.2004 and to release the petitioner on bail. In support of his submission the petitioner has relied upon School Leaving Certificate (SLC) wherein his date of birth recorded as 6.7.1986. The alleged incident took place on 25.9.2002. It may be noted that the petitioner was married to one Babita on 2.12.2001 and she died on 25.9.2002. According to the petitioner she committed suicide but on the complaint of Mr. Ajit Singh, brother of deceased Babita, FIR is registered under Sections 304-B/498A/34, IPC. As per SLC date of birth of the petitioner is 6.7.1986. Thus as per this certificate age of petitioner as on the date of offence was 17 years two months and 19 days and on the date of arrest it was 17 years three months and 4 days.

(3.) This certificate was produced before the Trial Court as well which was sent by the Trial Court for investigation through Investigating Officer (IO). On investigation, genuineness of the said certificate was established. However, the learned Trial Court sent the petitioner for medical determination of his age. Report dated 13.3.2003 was received as per which Doctor opined that radiological bone age of the petitioner is to be above 21 years. In fact witnesses from three different schools where the petitioner had studying from time-to-time were also examined as Court witnesses in order to find out the authenticity of the SLC. These were Shri Puran Singh as CW-1 from Government Boys Sr. Sec. School, Pooth Khurd, New Delhi, Vice-Principal Maharashi Dayanand Public School, Ishwar Colony, Bawana, New Delhi as CW-2 and Kishan Lal from Sarvodya Bal Vidyalaya as CW-3. All these witnesses stated that date of birth of the petitioner as per their school record was 6.7.1986.