CHANDU LAL Vs. SUCHA SINGH

JUDGEMENT

(1.) THIS revision is against the order dated 22.5.1997 passed by the Sessions Judge, Hissar by which he has held that accused Sucha Singh is juvenile offender and he be tried separately by the Court under Juvenile Justice Act at Bhiwani.

(2.) IN all four accused including Sucha Singh are being prosecuted for the offence punishable under Section 302 read with Section 34, and other Sections. The case is being tried before Sessions Judge, Hissar. The recording of the prosecution evidence was over. The statement of the accused under Section 313 Cr.P.C. were also recorded. It is at that juncture that application was submitted on behalf of the accused Sucha Singh, whereby he claimed that was below the age of 16 years on the date of incident. According to him he is named as Sucha Singh alias Sunil son of Ram Saran. He claims that his date of birth is 16.12.1978. Thus according to him, on the date of incident on the night between 31.3.1994 and 1.4.1994 he had completed 15 years, three months and fifteen days of age and, therefore, he was a juvenile within the meaning of Clause (h) of Section 2 of the Juvenile Justice Act, 1968. In support of that contention, evidence in the form of school leaving certificate and testimony of a witness Zilla Singh, a clerk from the school, was led. The trial Court accepted the testimony and passed the impugned order mentioned above.

(3.) ON the other hand, it was submitted that not only the school record that shows the birth date of Sucha Singh but also the Gazette in which the result of 10th examination was declared, shows the same date of birth as recorded in the school register. In addition to that, my attention was also invited to the documents which were produced in this revision, vide Crl. application No. 25650 of 1997. These documents reveal that on 20.3.1994, a report by one Pawan Kumar was recorded by the Police in which there was allegation against Sucha Singh. In that report the said Sucha Singh was also addressed by alias name Sunil.