VIJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition has been filed impugning the order of the trial Court (Addl. Sessions Judge, Kurukshetra), dated 12.05.2016, by which the petitioner has been held not to be a juvenile.

(2.) The reasoning given by the trial Court in the impugned order is that upon notice having been issued in the application filed by the petitioner, in reply thereto it was the case of the State that the date of birth of the applicant-accused (petitioner), Vijay Kumar, was verified from the office of the Civil Surgeon, Kurukshetra, and according to the record of that office, one Nand Lal was shown to be born to Ram Karan and Suman Devi (also not denied to be the parents of the petitioner), residents of village Chudni Jattan, with the date of birth given as 20.09.1992, i.e. 2 days prior to the date of birth claimed by the petitioner.

(3.) The mother of the petitioner is also stated to have testified before the trial Court as AW1, to the effect that the petitioner is her elder son, born on 20.09.1992, who at the time of birth was known as Nand Lal, though at the time of admission to school his uncle gave his name as Vijay Kumar, which accordingly was entered in the school records. Thus, as per the petitioners' mother, Nand Lal and Vijay Kumar are the same person.