SATPAL Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This is a revision petition brought under the provisions of section 53 of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 (for short, "the Act") by Satpal challenging the order dated 24.5.2011 passed by Additional Sessions Judge, Hisar vide which, Ravi, respondent No. 2, has been declared as juvenile. Ravi had been accused alongwith Sonu and Jaipal alias Shamsher for an offence punishable under section 302 read with section 34 IPC in a case bearing FIR No. 378 dated 3.10.2010 registered at Police Station, Barwala.

(2.) Ravi, respondent No.2, made an application before learned Additional Sessions Judge, Hisar claiming himself to be a juvenile. He claimed himself to be illiterate, who did not have any certificate to prove his age. He claimed that as per the information of his mother, he was less than 18 years of age on the date of occurrence. He prayed for enquiry to be conducted regarding his juvenility and prayed for being declared a juvenile.

(3.) The application was opposed by the State claiming that no entry regarding his birth was found in any record. According to the State, the applicant claimed himself to be aged 20 years when he was arrested and that now he has falsely asserted that he is less than 18 years of age. In order to prove himself to be a juvenile, he had examined his mother Kohni Devi as AW-1, who had stated that she was married 27 years ago. She further stated that her first child, named, Sapna was born to her after three years of her marriage and that she was now 24 years of age. She has further stated that her another daughter,named, Sunita was born 2-1/2 years after the birth of Sapna. According to her, she had got a still born child thereafter and after 2-1/2 years of the birth of that still born child, she had got Ravi, the applicant (respondent No.2). She has further stated that all her children were illiterate who never attended the school.