Criminal Revision No.2581 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.2581 of 2008 Date of decision : 27.7.2009 Mukesh Kumar .....Petitioner Versus State of Haryana ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Sameer Singh, Advocate for the petitioner. Mr.S.S.Mor, Senior Deputy Advocate General, Haryana **** S. D. ANAND, J. A prosecution ( in case FIR No.152 dated 3.9.2007 under Sections 323,324,326,307/34 IPC) is pending in the Court of Sh. V.P.Bishnoi, Sessions Judge, Jhajjar) against the petitioner and certain non- petitioners. The petitioner herein (and accused before the learned Trial Court) raised a plea for being proceeded against under the Juvenile Justice Act on an averment that he was a juvenile at the relevant point of time in terms of the Act. The plea, however, did not find favour with the learned Sessions Judge, Jhajjar. At the time of motion hearing, the precise averment made was that the age of the petitioner was two days less than 18 years on the date of alleged crime. This fact had been noticed by the a Coordinate Bench of this Court in the motion order. Criminal Revision No.2581 of 2008 -2- **** In support of the averment, reliance had been placed upon Annexure P-1, a copy of matriculation certificate issued by the Board of School Education Haryana, in favour of the petitioner. In the course thereof, the date of birth of the petitioner had been recorded as 4.9.1989. On the adjourned date of hearing, the learned State Counsel sought time “to verify the correctness of the Matriculation Certificate Annexure P-1, the school leaving certificate and the entries in the school admission register.” The State counsel informs that he is under instructions to state that the contents of Annexure P-1, the school leaving certificate and the school admission register also have been found to be factually correct. It is, thus, apparent that the petitioner has been able to prove that he was juvenile on the relevant date. The trial against him has, thus, to compulsively proceed before the Juvenile Justice Board. The petition shall stand allowed accordingly. The impugned order dated 30.10.2008 passed by learned Sessions Judge, Jhajjar shall stand set aside. July 27, 2009 (S. D. ANAND) Pka JUDGE