JEETA ALIAS JITENDRA Vs. STATE

JUDGEMENT

(1.) Challenge in this criminal revision petition is to the order dated 18th November, 2009 rendered by Special Judge, Dacoity Affected Area, Bharatpur, whereby the learned Special Judge determined the age of the petitioner and found him to be above the age of 18 years.

(2.) Heard learned Counsel for the petitioner as also the learned Public Prosecutor appearing for the State and carefully perused the relevant material on record, including the impugned order.

(3.) Learned Counsel for the petitioner has canvassed that the occurrence of this case took place on 22nd December, 2008 and FIR of this fact came to be lodged in the offences under Sections 224, 225, 332, 353, 307, 395, 397 of IPC with Police Station Mathura Gate, Bharatpur. The petitioner was arrested on 26th April, 2009 and after completion of investigation, a supplementary police report under Section 173(2) of Cr.P.C. came to be filed in the court of Special Judge, Dacoity Affected Area, Bharatpur on 7th June, 2009. The petitioner filed an application before the concerned Court with regard to determination of his age. The learned trial Court conducted an inquiry in accordance with the provisions of law and did not rely upon the Board certificate, wherein the date of birth of the petitioner was recorded as 10th July, 1991 and on the contrary, placed reliance on the medical report, which was prepared by the Doctors on the basis of ossification test. The Medical Board having conducted the ossification test, determined the age of the petitioner to be between 20-21 years.