BHAGWAN DASS Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Respondent No.2 Raj Kumar is facing the proceedings before the Juvenile Justice Board for an allegation under Section 302/34 IPC. Board accordingly considered the issue of his age as upon that would depend the jurisdiction of the Board to deal with the case of the said respondent.

(2.) During the course of the adjudication, counsel representing respondent No.2 moved an application to place on record the middle and secondary examination certificates as well as three other sports certificates of the respondent. The complainant, on the other hand, pleaded that the respondent was major and his date of birth was 26.8.1991 as per the documents, like certificate issued by the CMO, Sirsa and the entry of birth in the register of the Chowkidar. The complainant accordingly pleaded that the case of the respondent be sent to Illaqa Magistrate for the purpose of further proceedings of the same.

(3.) The counsel appearing for the complainant as well as the Public Prosecutor objected to the documents relied by and on behalf of respondent No.2, which were only attested copies of middle examination certificate, secondary examination certificate and the sport certificate and, thus, would not have been admitted in evidence. These documents have only been marked. There was oral evidence on record also that respondent Raj Kumar was juvenile. The complainant accordingly pleaded that the documents like the birth certificate issued by the Registrar/CMO, Sirsa and the register of the Chowkidar would clearly establish that date of birth of the juvenile was 26.8.1991 and, thus, he was major.