SEEMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) SEEMA , accused/revisionist herein, has filed this revision against the order dated 22.8.2013, passed by the learned Additional Sessions Judge, Rohtak, vide which it was held that the date of birth of the accused/revisionist herein was 30.7.1988. Since the occurrence took place on 24.10.2006, hence it was held that she (accused/revisionist herein) was more than 18 years of age at the time of commission of crime. However, the application of the co -accused/ non -revisionist Reetu @ Neetu was allowed and she was held to be of 15 years and 3 months and a juvenile in conflict with law.

(2.) BEFORE the learned Additional Sessions Judge, Rohtak, two applications were filed for determination of age; one was filed by accused Reetu @ Neetu (non -revisionist) and the other by accused Seema (revisionist herein), daughters of Suresh, residents of village Sunarian Kalan, District Rohtak, who were summoned under Section 319 Cr.P.C. to face trial for offence alongwith other accused under Sections 304 -B and 498 -A IPC. Accused Seema (revisionist herein) had stated in her statement that she was a juvenile at the time of occurrence. Her date of birth is 16.4.1990. Therefore, she prayed that she be declared a juvenile. Before the learned Additional Sessions Judge, Rohtak, both the parties led the evidence.

(3.) BEFORE the learned Additional Sessions Judge, Rohtak, accused/revisionist herein had examine her mother Shakuntla as AW1 and also got produced school record. The Public Prosecutor/respondent examined Mrs. Santosh, Anganwari Worker as RW2, Santosh Kumari, JBT teacher, Government Primary School, Sunarian Kalan, Rohtak as RW3 and some other witnesses. The impugned order dated 22.8.2013, passed by the learned Additional Sessions Judge, Rohtak, shows that as per the statement of Ram Kaur, JBT teacher, Government Primary School, Sunarian Kalan, Rohtak (AW3), accused Seema (revisionist herein) remained admitted in Government Primary School, Sunarian Kalan, Rohtak, from 1996 to 2011 and she was admitted in 2nd class. As per the school record, her (Seema's) date of birth was 16.4.1990 and the same was incorporated in the school record. It further comes out that at the time of admission in 2nd class in the said school, the parents of accused Seema (revisionist herein) did not furnish the previous school leaving certificate of her previous school and rather, affidavit of the father, attested on 17.5.1996, was filed. The statement of mother of the accused Seema (revisionist herein) further shows that she has four children i.e. three daughters and one son. Seema is the 3rd child and according to her, she was born on 16.4.1990.