CHAND RAM Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Petitioner has filed this petition under Section 401 of the Code of Criminal Procedure, 1973 challenging the order dated 21.11.2012 whereby the Court of Revision while allowing the revision petition declared the petitioner to be a major on the date of occurrence.

(2.) Learned counsel for the petitioner has submitted that as per the provisions of Juvenile Justice (Care and Protection of Children) Act 2000, at the first instance reliance was to be placed on matriculation or equivalent certificate and in the absence thereof, the birth certificate issued by a Corporation or a Municipal Authority or Panchayat could be taken in consideration. In this regard learned counsel has placed reliance on decision of the the Apex Court in 'Jarnail Singh versus State of Haryana, 2013 2 RCR(Cri) 580' wherein it was held as under:-

(3.) Learned State counsel, on the other hand, has submitted that no reliance could be placed on the certificate issued by the school as it was not properly proved that on what basis the entry had been made in the school register qua the date of birth of the petitioner whereas the birth certificate issued by Registrar, Births and Deaths was liable to be believed. In support of his arguments, learned State counsel has placed reliance on 'Babloo Pasi versus State of Jharkhand and another, 2008 4 RCR(Cri) 756', wherein it was held as under:-