HARCHARAN SINGH Vs. STATE OF HARYANA & ANR

JUDGEMENT

(1.) Challenge in the present revision petition is to order dated 31.05.2016 passed by Additional Sessions Judge, Fatehabad whereby respondent no. 2 was declared 'Juvenile in conflict with law' and was ordered to be tried by Juvenile Justice Board, Fatehabad.

(2.) Brief factual background of the case is that a complaint was lodged by Harcharan Singh (petitioner herein) alleging therein that on 18.01.2011 he alongwith Gursewak Singh & uncle Bhim Singh were going to Ratia for depositing an amount of Rs. 22.00 lacs with Commission Agent in Alto car bearing registration no. HR-59-0345. At about 2.30 p.m., when they reached at Rangoi Nala, their car was waylaid by the accused. They were attacked and one of the accused fired shot on their vehicle which hit on the upper side of chest of Bhim Singh who fell down unconscious. The bag containing Rs. 22.00 lacs was snatched by the accused party. Thereafter, Bhim Singh was taken to G.H., Fatehabad where he was declared dead. FIR No. 45 dated 18.01.2011 under sections 396, 420, 216, 412, 201, 120-B IPC and section 25 of the Arms Act was registered at Police Station Ratia. On completion of the investigation, challan against respondent no. 2 and other accused was presented in the competent court. Vide order dated 27.09.2011 passed by ASJ, Fatehabad, all the accused were charge sheeted. After conclusion of evidence, statement under section 313 Cr.P.C. of respondent no. 2 was recorded on 09.09.2014. Thereafter, on 07.10.2014, respondent no. 2 filed an application under section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000 for conducting inquiry with regard to his age. Vide order dated 09.01.2015, Additional Sessions Judge, Fatehabad declared respondent no. 2 to be a juvenile and directed his trial to be conducted by Principal Magistrate, Juvenile Justice Board. Aforesaid order was challenged before this court on the ground that Section 7-A of Juvenile Justice (Care and Protection of Children) Act, 2000 and Rule 12 of Juvenile Justice (Care and Protection of Children) Rules 2007 have not been complied with in letter and sprit. After hearing learned counsel for the parties and documents placed on record, order dated 09.01.2015 was setaside and the matter was remitted to same court for decision afresh vide order dated May 04, 2016. Vide impugned order dated 31.05.2016, Additional Sessions Judge, Fatehabad held that respondent no. 2 was 15 years 08 months and 05 days of age on the date of the alleged incident i.e. on 18.01.2011 after taking into consideration the report submitted by Board of Doctors and relying upon certain documents, extending the benefit of two years in age as assessed by Medical Board (23-24 years) and also by granting additional benefit of 01 year as per Rule 12(3)(b) of Juvenile Justice (Care and Protection of Children) Rules, 2007. Aggrieved, present petition has been filed by the complainant.

(3.) In the present case, respondent no. 2 has no matriculation or equivalent certificate. He has placed reliance on the school leaving certificate Ex. A-3 issued by Adarsh Shiksha Sadan, Kheri Dudhadhari, Muzaffarnagar. However, the school leaving certificate, Ex. A-3 cannot be presumed to be the date of birth certificate issued by the school first attended and does not fall within the ambit of Rule 12 (3)(a)(ii). In this regard, Rule 12 of Juvenile Justice Care and Protection of Children Rules 2007 is relevant. Same reads as under:-