SURENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a revision against the order dated 10.02.2011 passed by the Additional Sessions Judge, Hisar, whereby, the Additional Sessions Judge, Hisar has dismissed the application filed by the present petitioner to declare him as juvenile.

(2.) Facts of the case are that FIR No. 260 dated 13.07.2009 under Sections 323, 506, 307, 34 IPC at Police Station Narnaund, District Hisar has been registered against the present petitioner along with his co-accused. During the pendency of the aforesaid case, the present petitioner has filed an application before the trial Court that his date of birth is 16.09.1991 as per the birth certificate issued by the Registrar (Birth and Deaths) under Rule 8. Thus, at the time of commission of the aforesaid offence, he was minor and juvenile as his age was 17 years and 10 months. However, the trial Court dismissed the application filed by the present petitioner vide order dated 10.02.2011. Instead of relying on the Birth Certificate issued by the appropriate authority under Section 17 of the Birth and Deaths Registration Act, 1969, gave weightage to the entry of Date of Birth in the Matriculation Certificate of the petitioner. The said impugned order has been challenged by the petitioner on the following grounds ;

(3.) Learned counsel for the respondent-State while opposing the same, submitted that there was no illegality in the order passed in view of Rule 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, wherein, a priority was given to Matriculation Examination Certificate. It was further contended that the petitioner failed to produce the register of the Chowkidar in which the date of birth was alleged to have been recorded by him, therefore, the date of birth as 16.09.1991 allegedly recorded by the Chowkidar cannot be taken into consideration while determining the age of the petitioner.