SANJAY KUMAR Vs. SUNNY AND ORS.

JUDGEMENT

(1.) THE petitioner, namely, Sanjay Kumar, at whose instance FIR No. 738 dated 15.10.2011 under Sections 148/149/302 IPC was registered at Police Station, Samalkha, District Panipat, against respondent No. 1 -Sunny besides Ram Sharan, Vinod, Madan, Vijaypal, Sonu and Sanju has filed the present revision under Section 401 of the Code of the Criminal Procedure for challenging the order dated 7.6.2013 passed by the learned Additional Sessions Judge, Panipat, whereby, respondent -Sunny has been held to be below eighteen years of age as on the date of commission of the offences and, being a juvenile, liable to be tried by the Juvenile Justice Board, in accordance with law.

(2.) IN his application dated 4.3.2013, respondent -Sunny had pleaded that he stood summoned under Section 319 Cr.P.C. to face trial along with other accused. The occurrence in question had taken place on 15.10.2011 and on the said date he was juvenile as he was born on 4.4.1996. In order to show that he was born on 4.4.1996, he placed on record attested copies of certificates of the Middle Class Examination and the Secondary Examination conducted by the Board of School Education, Haryana. He also pleaded that he already stood declared juvenile in another case FIR No. 263 dated 14.6.2010 under Sections 323/324/325/506/34 IPC of Police Station, Samalkha, by learned Judicial Magistrate 1st Class, Panipat, vide order dated 11.4.2012, photocopy of which, was attached by him with the application. Pleading that he was juvenile and could not be tried along with other accused, who were major, he prayed for sending the case to Juvenile Justice Board for inquiry.

(3.) DURING consideration of the application preferred by respondent -Sunny, his father Madan Lal appeared before the trial Court as AW 1 whereas attested copy of the Matriculation certificate, attested copy of Secondary School Examination certificate, certified copy of order dated 11.4.2012, attested copy of Matriculation certificate of Kajal, sister of respondent -Sunny and certificate regarding admission of Sachin Kumar, brother of respondent -Sunny were brought on record by way of documentary evidence as Exts. A1, A2, A3, A4 and A5, respectively. On the other hand, SI Rameshwar Dutt appeared as RW 1 while certificate issued by the Registrar (Births and Deaths) Panipat, birth certificate of Sonia, sister of respondent -Sunny issued by the Registrar (Births and Deaths), Panipat, report submitted by SI Rameshwar Dutt, certified copy of the charge sheet dated 11.6.2012 framed in case titled State Vs. Madan Pal and others bearing FIR No. 311 dated 22.11.2004 registered under Sections 323, 324, 34 IPC Police Station Samalkha and attested copy of the charge sheet dated 25.4.2012 framed in case titled State Vs. Madan and others bearing FIR No. 263 dated 14.6.2011 registered under Sections 323, 324, 325, 34 IPC, Police Station Samalkha were brought on record as Exts. R1, R2, R3, R4 and R5, respectively, by way of documentary evidence.