AMIT @ NANHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The short question which is required to be determined in the present petition is whether in view of birth certificate being available as a proof of age of a juvenile, the school certificate indicating another date of birth could be ignored if the date of birth as per the Committee record is corroborated by other evidence.

(2.) Legality and propriety of the order dated Sept. 15, 2011 passed by Additional Sessions Judge, Sonepat, holding that the petitioner Amit @ Nanna, an accused in FIR No. 340 dated Dec. 6, 2010 under Sections 302/34 IPC, Police Station Sadar, Sonipat was not a juvenile on Nov. 29, 2010, the date of commission of offence, is required to be determined. The petitioner is facing trial on the allegation of having murdered Jit Ram alongwith his father on Nov. 29, 2010. Petitioner had filed an application claiming that on Nov. 29, 2010 he being juvenile was required to be tried by Juvenile Justice Board. He relied upon certificate Ex.A-1 issued by Principal of Oasis Modern High School, Bhatgaon, where he was admitted on April 1, 2006 and his date of birth was disclosed as June 16, 1993. In order to prove that as per the school record his date of birth is June 16, 1993, he has examined Principal of the school as AW2 who proved the admission and withdrawal Register showing that the petitioner was admitted in 9th class in the Oasis Modern High School on April 1, 2006 vide certificate Ex.A3. Another certificate Ex.PW3/A was produced which is issued by Principal of Sharda Siksha Sadan Senior Secondary School, Garhi Brahmanan, Sonepat showing that he was admitted in said school on Aug. 2, 2005 in 8th standard showing the date of birth as June 16, 1993. Certificate of Board of School Education, Haryana was also produced to prove that the date of birth of the petitioner is June 16, 1993.

(3.) In order to rebut the evidence produced by the petitioner, the respondent examined Raghbir Singh, Senior Assistant from Civil Surgeon Office, Sonepat, as RW1 who proved the birth certificate of Jasbir son of Dharamvir and Smt.Darshana Devi as R1. Ex.R2 was produced as birth certificate of Anil son of Dharamvir Singh and Smt.Darshana Devi, Exs.R.3 and R.4 indicated the registration of birth of sons of Dharamvir Singh and Darshana Devi.