SHRIKANT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Mr. Pradeep Kumar Chauhan, Advocate, present for the revisionist.

(2.) Mr. R.K. Sah, learned Deputy Advocate General, with Ms. Mamta Joshi, learned Brief Holder, present for the State of Uttarakhand/respondent.

(3.) Revisionist who is an accused in a Case Crime No. 186 of 2014 under Section 302 IPC. Subsequent to the filing of the charge sheet, revisionist raised a plea of juvenile before Juvenile Justice Board, Haridwar in order to substantiate his claim for being a juvenile for which revisionist submitted date of birth certificate of a school where he first attended in which his date of birth is recorded as 13.09.1998. The date of the alleged incident, when the revisionist claims to be a juvenile was committed crime on 07.10.2014. If the date of birth has come by the date of birth certificate of the school, undoubtedly the present revisionist was juvenile on the date of occurrence of the alleged crime. The Juvenile Justice Board, Haridwar however, in order to get to the truth of the matter, summoned the original records from the school, copy of which has also been annexed to the present revision which is at page No.42 of the revision. The name of the present revisionist is at serial no. 56 1/2, where his date of birth is 13.09.1998. However, what creates doubts in the mind of the Board and also in the mind of this Court that there is a register which is maintained by the school which shows that there is always a gap of one space between each entries. There is, however, no such gap between the name of earlier entrant Anu and Guljaan. The name of the present revisionist has been inserted between these two gaps. What creates further doubt in that the names are not in serial as the name prior to the revisionist name is at serial no. 56 and the one after the name of the present revisionist which is at serial no.57 and the name of the present revisionist which appears to have been subsequently inserted is at serial no. 56 1/2.