MOHD NABI ALIAS BABLOO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr.Sanjeev P. Kadam for the petitioner and Mr.H.J. Dedhia, A.P.P. for the State.

(2.) THE petitioner is shown as accused in Sessions Case No.1138 of 2001 which is presently pending in the Court of Sessions Court at Bombay. THE petitioner herein filed an application before the learned Additional Sessions Judge being Miscellaneous Application No.1219 of 2005 contending therein that the petitioner was a juvenile within the meaning of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the said "Act") and, therefore, the learned Additional Sessions Judge for Greater Bombay had no jurisdiction to try and entertain the said case. In support of the contention that the petitioner was a juvenile on the date of occurrence i.e. 2.9.2001, the petitioner had annexed a Xerox copy of the school leaving certificate issued by the school and had contended that the date of birth of the petitioner is 25.10.1985 and if the date of occurrence i.e. 2.9.2001 is considered with reference to the date of birth, namely; 25.10.1985, the petitioner would be a juvenile and that his case will have to be transferred to the Juvenile Justice Board for trial in accordance with the provisions of the said Act. THE said application came to be decided by the learned Additional Sessions Judge by his order dated 21.10.2005 and that the said application came to be rejected. Being aggrieved by the order dated 21.10.2005, the petitioner has filed this revision.

(3.) LEARNED A.P.P. Mr.Dedhia in the first place and in all fairness pointed out that the investigating officer was deputed to visit the concerned school wherein the petitioner was studying and this school authorities have issued a duplicate school leaving certificate to the concerned police officer wherein the date of birth of the petitioner is shown as 25.10.1985. This is the same date of birth as is mentioned in the school leaving certificate which was produced by the petitioner before the learned Additional Sessions Judge. This being the position, the date of birth of the petitioner will have to be treated as 25.10.1985.