SAHIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition has been filed under Sec. 401/397 Cr.P.C. read with Sec. 401 Cr.P.C. for setting aside the judgment/order dtd. 13/10/2015, passed by Additional Sessions Judge, Sonipat. Rule heard forthwith with the consent of learned counsel for the rival parties.

(2.) The trial court/Sessions Judge over ruled the claim of the revision-petitioner that he was juvenile by recording the finding that birth certificate issued by Sub-Registrar, Birth and Death would take precedence over the matriculation certificate and school leaving certificate. In sessions trial No. 1122 of 2014 the present revision-petitioner filed an application for declaring him juvenile on the ground that on the date of occurrence he was 16 years, 6 months and 10 days and therefore was liable to be declared as juvenile. In support of his case, inter alia he filed matriculation certificate, school leaving certificate which are Ex. A1, A2 and A4 indicating the date of birth as 13/12/1997. On the contrary the prosecution totally relied on Ex. R1 indicating the date of birth as 30/6/1996.

(3.) The trial court recorded a finding on the basis of some judgments of this court that it was the birth certificate which was required to be given precedence over all other certificates even for the purposes of holding inquiry in accordance with Rule 12(3) of Juvenile Justice (Care and Protection of Children) Act, 2007 (for short 'Rules, 2007'). Trial court thus followed two judgments of this court for arriving at the said conclusion i.e. to give precedence to birth certificate in order of preference. Finally, accused having been treated as adult, was tried with other accused persons who were held guilty and sentence to undergo RI for life. The present criminal revision remained pending in this court which was filed during the trial before the Sessions Court. It is undisputed that there is duty on the part of the revisional court to decide the revision on merits even after decision of sessions trial. In that view of the matter, we are obliged to decide revision petition filed by the present petitioner-Sahil.