VIKRAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner-accused Vikram Singh alias Vicky was brought before the Chief Judicial Magistrate, Kurukshetra, in connection with offences under Sections 460, 302, 397, IPC. On that date, the certificate issued by the Gram Panchayat was produced by the accused Vikram Singh, in support of the affidavit of his brother, who claimed that Vikram Singh was a juvenile offender on the date of incident and was below 16 years of age. The Court, however, found that the certificate was not sufficient to arrive at the conclusion as to the age of the accused. He was then called upon produce a School certificate or extract of the birth entry register. Thereafter, the said accused was brought before the Court on 6.3.1996. The Court found the accused Vikram Singh was not in a position to place before the Court enough material that could convince about his exact age, and decline to accept him as the juvenile offender. The reasons given by that Court indicate that the genuineness of the certificate issued by the Gram Panchayat was doubtful. He based his conclusion on the basis of oral submissions by the prosecutor who made such submissions on the basis of telephonic message from the Assistant Sub Inspector. However, on considering the date of birth as given in the School Certificate then available, the Court opined that the accused was not juvenile. His birth date in the School record shows that he was born on 4.5.1979. On the other hand, the birth date as given in the record brought from the Gram Panchayat indicated that he was born on 4.5.1980.

(2.) NOW in this Court, a School certificate from St. Xavier School, Jaipur is sought to be produced to show that in the School record, the birth date of accused Vikram Singh was recorded as 4.5.1980. He also sought to produce Annexures P.4 and P.5 in support of his contention that his birth date was 4.5.1980. It was contended that due to short span available at his disposal and due to the intervening holidays, the petitioner was not in a position to collect enough material to substantiate the claim regarding his age.