Crl. Misc. No. M-20632 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-20632 of 2010 Date of Decision: August 10, 2010 Raj Pal @ Nanha …..Petitioner Vs. State of Haryana and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Rajesh Gupta, Advocate for the petitioner. Mr. Amit Rana, DAG, Haryana. -.- M.M.S. BEDI, J. The petitioner has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing of order dated April 8, 2010 passed by Judicial Magistrate Ist Class, Fatehabad, annexure P-1 and order dated April 30, 2010 passed by Additional Sessions Judge, Fatehabad, dismissing the revision petition of the petitioner for declaring him juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000, Crl. Misc. No. M-20632 of 2010 [2] (hereinafter referred to as ‘the Act’). The petitioner further prays that as per the provisions of the Act, he should be tried by the Juvenile Justice Board in FIR No. 5 dated January 4, 2010 under Sections 363, 366, 366-A, 376 IPC, Police Station Bhuna, District Fatehabad. The abovesaid FIR was registered at the instance of Ram Niwas alleging that his daughter Kavita aged 15 years told him that when she had gone at 11 p.m. for urinal, while coming out of the bathroom, Sanjay armed with knife accompanied by the petitioner caught-hold of her and both of them took her in one room of State Middle School for Girls, Lehrian and raped her turn by turn under threat and thereafter left her at 3.45 a.m. and ran away. Petitioner claims that his the date of birth is August 15, 1993 and the incident is of January 4, 2010 as such the petitioner at the time of occurrence was 16 years 4 ½ months old as such being juvenile under the Act, he is entitled to all the benefits. He has relied upon school leaving certificate issued by Head Master of Government High School, Lehrian, (Fatehabad) showing that his date of birth is August 15, 1993. The entry in the school register has been proved on the record as Ex.D2. Counsel for the petitioner has submitted that Rule 11 of the Haryana Juvenile Justice (Care and Protection) of Children Rules, 2009 lays down that when question of juvenility is raised, prima facie on the basis of physical appearance or documents he would be sent to the observation home or in Jail. Relying upon Rule 11 (3), it was submitted by the counsel for the petitioner that in case of a juvenile in conflict with law, the age Crl. Misc. No. M-20632 of 2010 [3] determination inquiry has to be conducted by the Court by seeking evidence by obtaining matriculation or equivalent certificate, if available and in absence whereof, date of birth certificate from the school other than a play school first attended and in absence whereof, birth certificate given by the Corporation or Municipal Authority or Panchayat and in case of absence of either of the abovesaid certificates, the medical opinion will be sought from the duly constituted medical board. The Courts below have considered this school certificate showing his date of birth as August 15, 1993 but have rejected the same on the basis of the statement made by the accused himself on March 25, 2010 that his age is 20 years but his advocate had advised him to mention his date of birth as 16 years. The certificate Ex.D1 has been rejected on the ground that cogent evidence regarding age proof has not been furnished by the petitioner. The father of the petitioner Lakhi Ram appeared as PW2 and admitted in his cross-examination that he was not able to tell the date of birth of any of his child being an illiterate person. The Court disbelieved him for the reason that he had completely forgotten the date of birth of other children but remembered the date of birth of petitioner. Admission before the Court is the best piece of evidence. It is also settled principles of law that generally the school leaving certificate or transfer certificate are not authenticated proof to determine the age. While issuing notice of motion on July 22, 2010, it was directed that the original certificate issued by Registrar of Births and Deaths be submitted before this Court to satisfy the Court regarding the age but no certificate could be produced. Crl. Misc. No. M-20632 of 2010 [4] Taking into consideration the totality of the circumstances, I am of the opinion that the school leaving certificate annexure P-3 only indicates that the petitioner remained in Government School, Lehrian, District Fatehabad, only for one year in 6th class and that after he failed in 6th class, he left the school. It is mentioned in annexure P-3 that during the year he remained in the school, as per certificate by school where he remained admitted earlier he was admitted in the school on April 13, 2006 and he took back his name on April 16, 2007. In the absence of the certificate of the school in which the petitioner was originally admitted, the certificate annexure P-3 cannot be relied upon to determine the age of the petitioner who is involved in heinous crime of gang rape. No ground is made out for interference in the order. Dismissed. August 10, 2010 (M.M.S.BEDI) sanjay JUDGE