In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 33163 of 2008 Date of Decision:20-01-2009 Manjeet ---Petitioner versus State of Haryana ---Respondent Coram: HON'BLE MS. JUSTICE SABINA Present: Mr. Rajat Chaudhary, Advocate, for the petitioner Mr. Sidharth Sarup, AAG, Haryana SABINA, J.(Oral) This petition was initially filed by the petitioner through jail for setting aside the order passed by Sessions Judge, Hisar dated 5.9.2008. Today, Mr. Rajat Chaudhary, Advocate, has appeared on behalf of the petitioner. Learned counsel for the petitioner has submitted that as per school leaving certificate, date of birth of the petitioner was 30.12.1988. The occurrence in this case had taken place on 5.12.2006. Hence, the petitioner was a juvenile at the time of occurrence. Learned counsel for the petitioner has also placed reliance on the opinion of the Medical Officer, Central Jail, Hisar to the effect that the petitioner was a juvenile at the time of alleged occurrence. Learned State counsel, on the other hand, has submitted that as per birth certificate issued by the Health Department, Government of Haryana, District, Hisar, the date of birth of the petitioner was 26.10.1987. Hence, the petitioner was not juvenile on the alleged date of occurrence. Crl. Misc. No. M- 33163 of 2008 -2- Learned State counsel, during the course of arguments has placed on record a copy of the date of birth certificate of the petitioner. A perusal of the same reveals that the date of birth of the petitioner is 26.10.1987. Occurrence in this case had taken place on 5.12.2006. In view of the date of birth certificate of the petitioner, no reliance can be placed on the certificate of matriculation examination, placed on record, as per which the date of birth of the petitioner is 30.12.1988. The possibility that at the time of admission of petitioner in the school, correct date of birth was not given by his parents, cannot be ruled out. Petitioner filed an application on 15.9.2008 before the Superintendent,Central Jail, Hisar for issuing certificate pertaining to his age. On the said application, Medical Officer, Jail, Hisar, gave the opinion that as per his opinion, at present the age of the petitioner was 19 years. Apparently, the said opinion has been given by the Medical Officer without conducting relevant tests, Hence, the same cannot be relied upon. In these circumstances, learned Sessions Judge, Hisar, had rightly held that the petitioner was not juvenile at the time of alleged occurrence. The impugned order dated 5.9.2008 passed by learned Sessions Judge, Hisar, does not call for any interference. Hence, the present petition is dismissed. (SABINA) JUDGE January 20, 2009 PARAMJIT