BHAGWAN DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN case, bearing FIR No. 23 dated 20.3.2011 registered at police station Baragudha for offence punishable under Section 302/34 IPC, the respondent No.2 claimed himself to be juvenile and vide order dated 4.8.2011, Juvenile Justice Board, Sirsa did not accept his plea and he was declared as a major. The respondent No.2 filed appeal which was accepted by the learned Additional Sessions Judge, Sirsa vide order dated 28.7.2012. On revision filed by the complainant, the matter was remitted for reconsideration. Again vide order dated 12.8.2013 passed by the learned Additional Sessions Judge, Sirsa, the respondent No.2 was declared as juvenile. The petitioner in this petition has challenged the said order.

(2.) THE matter which require consideration is as to whether respondent No.2 was a juvenile at the time of commission of offence. The plea of respondent No.2 that he was a juvenile at the time of commission of offence, was discarded by Juvenile Justice Board, Sirsa and the case was sent for trial before the Magistrate. Respondent No.2 filed an appeal, wherein the appellate Court preferred the date of birth of respondent No.2 mentioned in his matriculation certificate over the date of birth recorded in his birth certificate and declared respondent No.2 as juvenile.

(3.) THE petitioner preferred a criminal revision (3374/2012), which was decided vide order dated 14.3.2013 and the case was remitted for reconsideration with the observations as follows : -