SURENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner seeks to impugns order dtd. 4/5/2017 passed by Juvenile Justice Board, Hisar, by which the petitioner has been held to be a major as on the day of occurrence with a direction that he be tried accordingly.

(2.) In brief, the facts are that the petitioner was arrested in FIR No 323 dtd. 5/8/2016 under Ss. 323, 376 (1), 500 IPC and Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 registered at Police Station Sadar, Hansi. The date of the alleged incident is stated to be 5/8/2017 and taking the date of birth of the accused/petitioner to be 10/3/2000, the Magistrate held him to be a minor, being 16 years and 5 months old as on the date of the occurrence. State of Haryana filed an appeal before the Juvenile Justice Board, which was allowed holding the petitioner to be a major and directed him to be tried as such. Aggrieved, this instant petition has been filed seeking to have the petitioner declared a minor and to be tried accordingly.

(3.) Mr. Shalender Mohan, learned counsel appearing on behalf of the petitioner, contends that the transfer certificate issued clearly reflects the date of birth of the petitioner to be 10/3/2000 and, therefore, he was a minor on the alleged day of the occurrence. Reliance was been placed upon judgments rendered in Hari Ram Versus State of Rajasthan 2009 (2) RCR (Criminal) 878 and Sheela Devi Versus State of Haryana and another Criminal Revision No. 4420 of 2014 decided on 6/1/2016, in support of his argument that the petitioner has to be treated as a minor and tried under the provision of Juvenile Justice (Care and Protection of Children) Act, 2000.