PARVEEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant and three others were tried for the charge under Sections 363/366 -A/376(2)(g) of the Indian Penal Code (IPC). He was convicted on 25.2.2009 by the trial Court and awarded appropriate sentences. When the instant appeal was listed on 24.10.2013, it was submitted by the appellant that he had filed an application before the trial Court for treating him as a juvenile. That application was dismissed without taking any evidence on record. It was noticed by this Court from record that opportunity to lead evidence on this question was not afforded. The Juvenile Justice Board, Bhiwani (hereinafter referred to as 'the JJB Bhiwani') was directed to determine the issue of juvenility of Parveen S/o Ran Singh -appellant and he was directed to appear before the JJB on 11.11.2013.

(2.) THE JJB, Bhiwani held the enquiry and recorded evidence. The appellant himself appeared as AW -1 and placed on record Middle School Examination Certificate showing his date of birth as 6.6.1991 clearly showing his age to be below 18 yeas as on 23.5.2008, the date of occurrence. Even the prosecution produced the Head Master of the school where he had studied and as per the record of school, his date of birth was entered as 5.8.1992. Therefore, the JJB, Bhiwani has come to a firm finding that according to both the certificates, the appellant was surely below 18 years of age.

(3.) IN view of the report sent by JJB, Bhiwani the learned State counsel was unable to challenge the finding about the age of the appellant on the date of occurrence.