MALLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the instant criminal revision petition under Section 397/401 of the Code of Criminal Procedure, 1973 (for short `the Code' hereinafter) the petitioner has challenged the order dated 10. 6. 2005 passed by Additional Sessions Judge (Fast Track) No. 2, Pali (for short `the trial court' hereinafter) in Criminal Misc. Case No. 12/2005, whereby the trial Court held that the petitioner is not juvenile as envisaged under Section 2 (k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short `the Act' hereinafter ). Aggrieved by the order impugned, the petitioner has filed the instant revision petition.

(2.) I have heard learned counsel for the parties. Perused the order impugned and record of the trial Court.

(3.) AW-1 Bhanaram stated that he is Headmaster in Govt. School, Artiya since 1996. On the basis of school record he stated that petitioner studied in the said school from Class-I to Class-V. As per the scholar register's entry No. 741, the date of birth of the petitioner is 7. 6. 1988. He further stated that the petitioner left the school in the year 1999 after passing Class-V. He has produced the scholar register Ex. P. 1. The transfer certificate was issued by the then Headmaster Rohitash Kumar. He further stated that at the time of admission of a student in the school, an admission form is to be filled in and in the case of the petitioner, the admission form is dated 12. 7. 1992. He has produced the original form Ex. P. 3 and proved it. Photo copy of which is Ex. P. 3a, in which the date of birth of the petitioner has been mentioned as 7. 6. 1988 bearing signature of the then Headmaster on the back side of the form. However, he stated that on 12. 7. 1993 who was the headmaster of the school he could not say. He further admitted that along with the admission form, an affidavit in respect of age is also required to be filed by the guardian of the student, but in the instant case no such affidavit was filed by the guardian of the petitioner along with the admission form.