BITTU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Tersely, the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy involved in the instant petition and emanating from the record is that initially a criminal case was registered against the petitioner-accused Bittu son of Gurdas Singh vide FIR No.40 dated 18.2.2012 for commission of offence punishable under Section 376 IPC by the police of Police Station City, Mansa.

(2.) Sequelly, the application (Annexure P-1) for conducting the ossification test of the petitioner was accepted by the trial court by way of order dated 08.10.2012 (Annexure P-2). In compliance thereof Dr. Kamaldeep Kumar, Ortho Specialist (AW2) found the approximate age of the petitioner between 16 to 18 years vide report Ex.AW2/A. Again Dr. Vijay Singla, Medical Officer (Dental), Civil Hospital, Mansa (AW3) made the following statement :-

(3.) Likewise, Dr. Ajay Singla, Medical Officer, Civil Hospital, Mansa (AW4) found him to be between 16 to 18 years vide his report Ex.AW4/A. The trial Judge ignored the contradictory medical reports, believed the birth certificate and declared the petitioner as major, by virtue of impugned order dated 19.2.2013.