ASHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Ashu son of Mithan Lal, resident of Radha Swami Colony, Gali No. 5, Fazilka, Tehsil and District Fazilka has filed the present revision petition under Section 401 Cr.P.C. challenging order dated 22.7.2015 passed by learned Additional Sessions Judge, Fazilka whereby the appeal filed by the petitioner against the judgment dated 18.1.2014 passed by learned Judicial Magistrate 1st Class, Fazilka, was dismissed.

(2.) THE petitioner claims that he is juvenile in FIR No. 53 dated 13.5.2011 under Sections 376, 452 and 506 IPC registered at Police Station City Fazilka. In support of his plea, the petitioner has placed reliance upon the document Ex. AW1/A, a certificate of 5th standard dated 31.3.2004, which has been annexed as Annexure P -1 with the present petition, to contend that his date of birth is 14.6.1994. The petitioner has also relied upon Annexure P -2, which is a certificate of Middle Standard Examination issued by the Punjab School Education Board regarding the examination held in March, 2007. The said certificate was issued on 25.5.2007 wherein also date of birth of the petitioner is mentioned as 14.6.1994.

(3.) UNDER the Juvenile Justice (Care & Protection of Children) Rules, 2007 (hereinafter mentioned as 2007 Rules), the claim of a person as juvenile is required to be governed by Rule 12, which reads as under: