SURENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition has been filed against order dated 6.5.2004, vide which application of the petitioner, to declare him a juvenile, was dismissed.

(2.) PETITIONER , alongwith other co-accused is facing prosecution for commission of offences under Sections 148, 149, 323, 326, 307 IPC and under Sections 25/54/59 of Arms Act.

(3.) MR . J.S. Bedi, Advocate appearing for the petitioner has vehemently contended that order under challenge is perverse, having been passed contrary to evidence on record. By referring to transfer/school living certificates (Annexure P/3 and P/4), counsel contended that date of birth of the petitioner is 10.4.1987. To support his contention, he has also referred to affidavit (Annexure P/5), executed by father of the petitioner at the time when he took admission in class 5 in Harbai Devi Government Primary School, Siwani Mandi. Counsel has also referred to certificates, Annexure P/6 (colly), wherein age of other family members of the petitioner has been shown, to say that even their age had wrongly been shown in the voter list and ration card. By stating this, he has argued that no reliance can be placed upon voters list etc., as had been done by the trial Court.