PRATAP MADHUKAR PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the applicant and the learned APP for the respondent-State.

(2.) The applicant has claimed that he was a juvenile on the date of the alleged incident. He moved an application before the learned Judicial Magistrate First Class, Degloor, District Nanded. Learned Magistrate, by his order dtd. 12/9/2021, rejected the prayer of the applicant. Hence, the applicant approached this Court under Sec. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (For short, "J.J.Act ").

(3.) Learned counsel for the applicant would submit that the prosecution has relied on the school admission register to ascertain the date of birth of the applicant. As per the said register, his date of birth is 22/11/2004. The alleged offence was committed between 7/7/2020 to 10/9/2021. Therefore, the applicant was a juvenile on the date of the alleged incident. She would argue that the learned Magistrate has erred in law in receiving the birth certificate issued by the Municipal Corporation, Nanded. The learned Magistrate also committed the error of law in rejecting the application on the grounds that the applicant has preferred an application to correct his date of birth in the school admission register. She would refer to Sec. 94 of the J.J.Act and argue that the documents listed therein to believe the date of birth of the juvenile have to be considered as per the preference. In sub-Sec. 2(i) of the said Sec. , the date of birth certificate from the school or the matriculation or equivalent certificate from the concerned examination Board, if available, shall be preferred to the birth certificate issued by the Corporation or Municipal Authority or Panchayat. Relying on the documents filed by the prosecution, she would claim that on the date of the alleged incident, the applicant was 16 years, 9 months and 19 days old. As per the definition of juvenile in J.J.Act, the applicant was below the age of 18 years. Hence, he was a juvenile and tried before the J.J. Board. The applicant shall be forwarded to the Board for passing appropriate order and sentence after the trial.