SHEELA DEVI Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The present criminal revision petition has been filed by Sheela Devi, mother of the prosecutrix whose name has been concealed, challenging the order dated 12.12.2014 passed by learned Additional Sessions Judge-cum-Special Court for Heinous Crime against Women, Hisar, whereby the application of Manoj Kumar (respondent No.2) for declaring him as juvenile in conflict with law and sending his case before learned Principal Magistrate, Juvenile Justice Board, Hisar, for inquiry/trial was accepted.

(2.) Learned counsel for the petitioner/informant/ complainant submitted that Shailak Ram, Computer Statistical of the office of Civil Surgeon (Birth and Death) Rural Branch, Rohtak, had appeared as RW-1 before learned Court below and on the basis of birth record register of village Pehrawar, Tehsil and District Rohtak, deposed that date of birth of Manoj Kumar was 01.08.1995 and the same was entered on 15.08.1995. He also tendered the copy of birth certificate Ex.R-1. He further submitted that Darshna Devi (RW-2), Head Teacher, Government Primary School, Pehrawar, on the basis of admission and withdrawal register of the school, deposed that date of birth of Manoj Kumar was 10.02.1995. During her deposition, she tendered the copy of extract of admission withdrawal register as Ex.R-2 and copy of admission form Ex. R-3 and as such, it was well proved on record that Manoj Kumar was more than 18 years of age on 07.08.2013, the date of commission of offence. He further submitted that in comparison to the birth certificate issued by the office of the Registrar, Births and Deaths, the matriculation certificate cannot be given preference.

(3.) Learned counsel for the State has also supported the stand of learned counsel for the petitioner.