ANUJ SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Whether the petitioner was below 18 years of age at the time of the incident that is on 1.1.06 is the question to be determined by this order.

(2.) Vide impugned order dated 8th December, 2006, the learned Additional Sessions Judge, Bhind, has come to the conclusion that he was not below 18 years of age. Two types of evidence was placed and considered by the learned Judge. 1]. The school record based on horoscope. 2]. The ossification test report.

(3.) Vide statement of witness Shri Dayal, he prepared horoscope (Ex. P1) of the petitioner before 6 to 7 months of his statement on the basis of a Panchank (Ex. P2). As per the horoscope the date of birth of the petitioner is 5th March, 1988. Vide statement of witnesses Ram Pratap Singh, it appears that petitioner sought his admission in the School in the year 1993-94 and as per the admission register Ex. P3, his date of birth is 5th March 1988. The learned Judge did not accept this report on the ground: