3w3013-09 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3013 OF 2009 Digambar Vithal Gogre. ..Petitioner. Versus The State of Maharashtra. ..Respondent. .... Ms.Rebecca Gonsalves, Advocate for the petitioner. Mrs.M.M.Deshmukh, A.P.P. for the State. .... CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 6TH APRIL, 2010 P.C. 1. Heard learned Counsel for the petitioner and the learned APP for the State. 2. In this Petition, an issue of juvenility of the petitioner is involved. The issue has been raised by the petitioner on the basis of the certificate issued by the Department of Forensic Medicine Grant Medical College of Sir J.J. Group of Hospitals, Byculla, Mumbai, wherein the medical board gave an opinion that the petitioner is above 21 years. On the basis of this certificate, the petitioner claims that on the date of the offence i.e. 8.9.1999 he was hardly 11-12 years old. In view thereof, this Court referred the case of the petitioner to the trial Court to determine the claim 3w3013-09 2 of juvenility of the petitioner in accordance with law. In view of this order, the Additional Sessions Judge, Raigad-Alibag conducted an enquiry in accordance with law. In the course of enquiry, it appears that the learned Judge recorded statements of Digambar Vithal Ghogare i.e. the petitioner, his mother Smt.Anusaya vithal Ghogare, his sister Smt.Tai Gopal Waghmare, his nephew Nilesh Parshuram Ghogare and Headmasters of Ashramshala Shri.Lahu Dhau Bhoir and Shri.Shantaram Ramdas Bobade. It further appears that in the course of inquiry the age certificate of the petitioner issued by the Ashramshala, so also the other relevant record was produced before the learned Sessions Judge. After having considered the entire evidence on record including the depositions of the witnesses, so also the submissions of the learned Counsel for the parties, the learned Judge recorded his finding that the age of the petitioner on 6.9.1999 was 24 years, 3 months and 5 days and that he was not juvenile as on the date of incident i.e. 6.9.1999. 3. Ms.Gonsalves, learned Counsel for the petitioner invited our attention to the certificate issued by the Ashramshala so also the evidence of the witnesses to contend that the school record on which the learned Sessions Judge has placed heavy reliance is not 3w3013-09 3 of the petitioner but it was of one Digambar Vithal Patade, resident of village Umbre, Taluka – Khalapur, Kulaba. The name of the petitioner is Digambar Vithal Ghogare. 4. In view of the submissions of the learned Counsel for the petitioner, we have perused the report, so also the evidence of the witnesses recorded by the Sessions Judge and the other documents placed before him. In the cross-examination of the petitioner's sister, she has stated that her father was also known in the village as Vithal Patade. Similarly the headmasters of the school have also identified the petitioner as the same boy who was admitted in their school. Having regard thereto and considering overall facts and circumstances of the case and the finding of fact recorded by the learned Sessions Court, we are not inclined to hold that the petitioner was juvenile on the date of the offence. Hence, the Petition is dismissed. 5. We place on record a word of appreciation for the services rendered by Ms.Rebecca Gonsalves, learned Counsel appointed to represent the petitioner. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)