PAVAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner aggrieved by order dt. 2.1.89 passed by the 5th Addl. Sessions Judge Indore in S. No. 108/84 whereby prayer made by him that he be tried by Children's Court has been rejected, has filed this revision application. The learned Sessions Judge by the aforesaid order has directed that the petitioner shall be tried by the Sessions Court itself.

(2.) ACCORDING to the prosecution, on 7.11.83, the petitioner committed offence under S. 302 I.P.C., by causing the death of one of the students of Central School, Indore in the school campus itself.

(3.) THE learned Sessions Judge by the impugned order held the petitioner to be above 16 years of age. While recording that finding, the learned Sessions Judge has discussed the oral evidence and the documents produced on behalf of the petitioner. He found interpolation/Overwriting in the birth register, in the name of mother of the child, sex of the child and time of delivery. It has also come in evidence that information regarding birth of a child is usually forwarded to the Municipality within two days. However, in the present case the birth of the · petitioner is alleged to have taken place on 10.5.68, and the information was sent to the Municipality on 19.9.84, i.e. after the date of occurrence. On the aforesaid premises, the learned trial Judge did not place any reliance either on the birth register or the certificate granted by the municipality. The learned Judge also considered horoscope and in that he found a lot of over writings. The author of the horoscope has stated in his evidence that horoscope was prepared on the basis of the statement made either by the petitioner's uncle or father. Horoscope was prepared in the year 1972. The learned trial Judge did not place any reliance on the horoscope also.