SAT PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition relates to quashment of the order of Children Court, dated August 1, 1989 and that of the Appellate Court dated September 29, 1989, whereby Sat Pal petitioner has been held to be over 16 years of age it the time of commission of double murder on July 1988, in which he is said to be one of the accused.

(2.) THE main grievance of the counsel for the petitioner is that both the Courts below erred in law in relying upon the entry of the Chowkidara register in determining that the age of the petitioner was over 16 years. It was submitted that the aforesaid entry has been made by an illiterate Chowkidar and has been proved by his son who is also an illiterate person and in view of the authority of apex Court in Brij Mohan Singh v. Priya Brat Narain Sinha and others, AIR 1965 SC 282, the said entry is inadmissible in evidence and cannot be relied upon to determine the age of Sat Pat Petitioner. This contention has great merit and in view of the authority of the apex Court, referred to above, the entry in the Chowkidara register cannot be legally relied upon to determine the age of the present petitioner.