LAWINDER SINGH @ SODHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Khushi Mohmmad chowkidar was examined as RW.2 and proved entry of birth of Lawinder Singh son of Bhajan Singh in his register and its photo copy was placed on the record as Ex. RW.2/A. Incross-examination the witness categorically stated that the digit 9 regarding month has been changed by manipulation to digit 2 and similarly the date has also been changed to 20 from 2. He also admitted that against column date of birth the date mentioned is 2.9.1983. This statement appears to be correct as photo copy of the certificate also shows that what the witness stated and what the counsel has argued is the correct position that dated 2.9.1983 has been changed to read as 20.2.1983. The two school certificates relied upon by the petitioner confirm that he was born on 2.9.1983. Therefore, the correct date of birth of the petitioner was September 2, 1983. Court below was in error in holding that the petitioner was not juvenile on the date on which occurrence took place i.e. March 20, 1999. In fact on the date on which occurrence took place, the petitioner was under 16 years of age and was on all counts a juvenile. Order of the learned Sessions Judge, Kapurthala is hereby set aside and it is held that the petitioner Lavinder Singh alias Sodhi was juvenile on the date of the occurrence and is entitled to all the benefits under the Juvenile Justice Act, 1986 as well as the Juvenile Justice (Care and Protection of Children) Act 2000. Petition is accepted in the terms stated above.

(2.) Petitioner shall be at liberty to seek bail in view of his juvenile status having been determined.