Crl. Rev. no. 1287 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Rev. no. 1287 of 2011 (O&M) Decided on : 18-07-2011 Sony Singh ....Petitioner VERSUS State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Baljinder Singh, Advocate for Mr. K.S.Dhaliwal, Advocate for the petitioner. Mr. B.B.S.Teji, Sr. DAG, Punjab MAHESH GROVER, J This is a petition directed against the order dated 17.5.2011 vide which the prayer of the petitioner for being declared as Juvenile has been declined. The reason which is evident from the impugned order for declining the prayer of the petitioner is that he had earlier submitted a forged document regarding his birth and subsequently also the certificate which he submitted was not inspiring and was purely based on the affidavit of his mother. Learned counsel for the petitioner refers to the procedure envisaged in the Juvenile Justice (Care and Protection of Children) Rules 2007 and states that there has been gross violation of the Rule 12 as the Principal Magistrate did not follow the procedure prescribed therein. On due consideration of the matter, I am of the considered opinion that the procedure to determine the age of the Juvenile has not been followed in entirety. Rule 12 envisages that in the event of there being no Crl. Rev. no. 1287 of 2011 (O&M) 2 document and in the event of the appearance being found to be deceptive, the concerned Court is required to get an information from the duly constituted Medical Board. Rule 12 is extracted herebelow:- (1)In every case concerning a child or a juvenile in conflict with law, the court or the board, as the case may be, the committee referred to in rule 19 of these rules shall determine the age of such juvenile or child or a juvenile in conflict with law within a period of thirty days from the date of making of the application for the purpose. (2)The court or the board or as the case may be, the committee shall decide the juvenility or otherwise of the juvenile or the child or, as the as the case may be, the juvenile in conflict with law, prima facie on the basis of physical appearancaes or documents , if available, and send him to the observation home or in jail. (3)In every case concerning a child or juvenile in conflict with law, the age determination inquiry shall be conducted by the Court or the board or as the case may be, the committee by seeking evidence by obtaining:- (a) (i) the matriculation or equivalent certificate, if available, and in the absence whereof; (ii)the date of birth certificate from the school (other then a play school) first attended; and in the absence whereof; (iii)the birth certificate given by a corporation or a municipal authority or a panchayat. Crl. Rev. no. 1287 of 2011 (O&M) 3 (b)and only in the absence of either (i), (ii) or (iii) of clause (a) above, the medical opinion will be sought from a duly constituted Medical Board, which will declare the age of the juvenile or child. In case exact assessment of the age cannot be done, the Court or the Board or, as the case may be, the Committee, for the reasons to be recorded by them, may, if considered necessary, give benefit to the child or juvenile by considering his/her age on lower side within the margin of one year, and, while passing orders in such case shall, after taking into consideration such evidence as may be available, or the medical opinion, as the case may be, record a finding in respect of his age and either of the evidence specified in any of the clauses (a)(i), (ii), (iii) or in the absence whereof, clause (b) shall be the conclusive proof of the age as regards such child or the juvenile in conflict with law. (4)If the age of a juvenile or child or the juvenile in conflict with law is found to be below 18 years on the date of offence, on the basis of any of the conclusive proof specified in sub-rule (3), the Court or the Board or as the case may be the Committee shall in writing pass an order stating the age and declaring the status of juvenility or otherwise, for the purpose of the Act and these rules and a copy of the order shall be given to such juvenile or the person concerned. (5)Save and except where, further inquiry or otherwise is required, inter alia, in terms of section 7A, section 64 of the Act and these rules, no further inquiry shall be conducted by Crl. Rev. no. 1287 of 2011 (O&M) 4 the Court or the Board after examining and obtaining the certificate or any other documentary proof referred to in sub rule (3) of this rule. (6)The provisions contained in this rule shall also apply to those disposed of cases, where the status of juvenility has not been determined in accordance with the provisions contained in sub rule (3) and the Act, requiring dispensation of the sentence under the Act for passing appropriate order in the interest of the juvenile in conflict with law.” It is to be noticed that it is imperative for the Court seized with the matter before whom the Juvenile has been brought to ascertain conclusively the age of the person so brought before it before determining the question as to whether such a person is Juvenile or not so as to be enable to grant the protection of the aforesaid Act. Consequently, since the aforesaid procedure has not been adhered to by the learned Court below, the impugned order is set aside and the matter is remitted back to it for decision afresh by keeping in view the provisions of Juvenile Justice (Care and Protection of Children) Rules 2007 and in particular Rule 12. Disposed of. July 18, 2011 (Mahesh Grover) rekha Judge