MANISH BARKHANE Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition under Section 397/401 of Cr.P.C. has been preferred by the petitioner being aggrieved by the impugned judgment dated 21.01.2009 in Criminal Appeal No. 140/2018, passed by 3rd Additional Sessions Judge arising out of the order dated 01.10.2018 passed by Juvenile Justice Board, Hoshangabad in case No. 474/2018, whereby the Juvenile Board has rejected the claim of petitioner regarding juvenility. Learned Appellate Court has also affirmed the order passed by Juvenile board.

(2.) According to case, a criminal case in Crime No. 474/2018 has been registered by the police for the offences punishable under Sections 302, 307 and 34 of IPC. petitioner has been produced being as a juvenile before the Juvenile board, Hoshangabad. Petitioner has been released on bail. During trial, police has submitted an application contending that while arresting of the petitioner, mark sheet was produced before the police and according to it, age of petitioner was found 17 years and 4 months but during investigation from perusal of admission register of primary school Muhari, it is found that on the dateof incident, age of petitioner was 18 years and 12 days. Police has requested before the Board that the petitioner is major person and his bail should be rejected. After considering the contentions of application filed by the police so also from perusal of evidence regarding date of birth of petitioner. The Juvenile Board came to this conclusion, petitioner is major, consequently his bail bond was cancelled and police has directed to proceed further. In appeal, the learned Appellate Court has also affirmed the order passed by Juvenile Board.

(3.) Learned counsel for the petitioner submits that the order passed by Juvenile Board as well as learned Appellate Court is not correct. The Court below erred in holding the date of birth of the applicant is 20.04.2000 more than 18 years on the date of incident, whereas in the mark sheet of class 6 to 12 and other documents like transfer certificate, and Adhar card are apparently shows that date of birth of applicant is 23.01.2001 and on the date of incident he was minor. The learned Magistrate must have decided the age of applicant on the basis of entry made in matriculation certificate not from the school register. He further submits that the procedure regarding age determination is prescribed under the Act and in that process learned Juvenile Justice Board must have considered the matriculation certificate of the applicant and only in absence of the same, date of birth of applicant can be determined through school admission register and other documents. In support of his contention he has relied the judgment of Hon'ble Apex Court in the case of Ashawani Kumar Saxena Vs. State of MP, reported in AIR SC 553 and Azahar Hossain @ Gulam Hossain Vs. State of West Bangol, 2013 AIR(SC) 1020 and also Kanaram Saini Vs. State of Rajasthan in Criminal Revision No. 67/2018 passed by High Court of Rajasthan.