REKHA DEVI Vs. SUNIL AND ANOTHER

JUDGEMENT

(1.) The petitioner seeks to challenge order dated 06.05.2015 passed by Judicial Magistrate 1st Class, Charkhi Dadri, and order dated 06.09.2016 passed by Additional Sessions Judge, Bhiwani, in F.I.R. No. 356 dated 16.12.2014 under Sections 376/511/323/506 Penal Code registered at Police Station Badhra, by virtue of which respondent-Sunil has been declared to be a juvenile.

(2.) In brief, the facts are that a FIR came to be registered against a respondent-Sunil, during which proceedings an application was preferred for declaring respondent-Sunil as a juvenile. It was contended that on the date of occurrence i.e 16.12.2014, the respondent-Sunil was a juvenile. In support of this argument, the father of the accused appeared as a witness and filed Matriculation Certificate of the accused which would reflect his date of birth as 15.01.1998. Whereas, the prosecution relied upon a Birth Certificate reflecting the date of birth to be 07.12.1996, while contending that the accused ought to be tried as a major.

(3.) The Judicial Magistrate, Ist Class, Charkhi Dadri, by impugned order dated 06.06.2015 held the accused to be a juvenile at the time of alleged occurrence which order was challenged before Additional Sessions Judge, Bhiwani, in an appeal. Reliance was placed upon Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules 2007 (for short "the 2007 Rules") for determination of age. The order of JMIC was upheld holding the accused respondent to be a juvenile as on the date of the occurrence. Aggrieved the instant petition has been filed.