MOTI MD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE present petitioner is the father of the accused Salam Mohammad, who along with others have been facing their trial before the learned Additional Sessions Judge, 1st Track, 2nd Court, Raijanj on a charge under Sections 341/325/326/307/34/IPC.

(2.) IT appears from the perusal of the records in the midst of the trial and after 4 witnesses were examined, on 18th of May, 2012 an application was filed by the petitioner claiming that his son one of the accused facing trial with them was juvenile on the date of the incident. Immediately after filing such application the trial was hauled up and several adjournments were granted to the petitioner to establish his case. subsequently, on 30th July, 2012 the application was rejected. Again on 24th of August, 2012 a similar application was filed and a plea was taken due to inadvertence, two very vital documents were not produced at the time of hearing, the trial Judge entertained the said application even after first one was rejected. Finally, on December 17, 2012 the petitioner produced the original Birth Certificate of his son, the accused Salam Mohammad being the Birth Certificate No. 34843, Registration No. 1243/2004 dated 25th of January, 2004 issued by the Registrar of Birth and Death, No. 5, Bangalbari Gram Panchayat when the learned Judge directed the officer -in -charge Hemtabad Police Station to enquire as to the genuinity of the same and submit a report. Pursuant to such order, a report was submitted by the police on January 16, 2013 since the learned Judge was not satisfied with the same, he directed for a further enquiry. In terms of the said order a further enquiry was held and a report was submitted on 22nd January 2013 by the police. Along with said report, the police filed two certificates, one issued by the Prodhan No.5, Bangalbari Gram Panchayat being the Registrar of Birth and Death and Block Sanitary Inspector of Hemtabad. As it appeared from the report of the Prodhan, No.5, Bangalbari Gram Panchayat, the Registrar of Birth and Death that no such Birth Certificate was issued from his office and according to the report of the Block Sanitary Inspector, Hemtabad, in the year 2004, his office received total 600 entries of birth from that particular gram panchayat but that does not include entry as regards to the birth of the Salam Mohammad, consequently, the learned trial Court came to the conclusion that the Birth Certificates were not genuine and the plea of the petitioner was totally false and unfounded and rejected the said application.

(3.) NOW , this criminal revisional application has been moved not challenging the order of the learned trial Court rejecting the petitioner's plea that his son Salam Md. was a juvenile on the date of the alleged incident and the documents relied upon were found to be false but on the plea that thereafter, the petitioner has been able to trace out the original Transfer Certificate issued by the Headmaster of Giasil Free Primary School, Hemtabad which shows that his son was below the age of 18 on the date of the alleged incident and the petitioner althrough produced the same before the trial Court but the trial Court refused to entertain the same verbally. However, the order sheets filed with this criminal revision does not support such claim. The learned Counsel for the petitioner has also not disputed the findings of the trial Court that the Birth Certificate produced in Court in support of the claim of Juvenility was false and fake.