VINOD VISHWAKARMA @ VINOD VISHWAKARAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Swapan Kumar Samanta, learned counsel appearing for the petitioner and Mr. Vikash Kishore, learned A.P.P. for the State.

(2.) This application is directed against the order dated 09.03.2017 passed by the learned Additional Sessions Judge - V, Giridih in S. T. No. 290 of 2009 whereby and where under the application preferred on behalf of the petitioner on 02.09.2016 under Section 7A of the Juvenile Justice (Care and Protection of Children) Act for declaring the petitioner as a juvenile has been rejected.

(3.) It has been stated by the learned counsel for the petitioner that the petitioner at the time of enquiry has submitted the Adhar Card as well as school leaving certificate of the school he first attended. It has been stated that the witness no. 3 was the headmaster of the school in which the petitioner has initially studying and he has proved the signature of the principal on the school leaving certificate. Learned counsel further submits that the admission register does not contain the name of the petitioner though the portion in which the date of birth of the petitioner has been mentioned has turned. Learned counsel submits that the witnesses have categorically stated about the age of the petitioner but merely because the admission register has not been maintained in proper statutory form and the author of the register has not been examined the claim of the petitioner for being declared a juvenile has been rejected.