Criminal Revision No. 210 of 2008 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 210 of 2008 Date of decision: February 05, 2008 Teginder Singh alias Tinu .....Petitioner Versus The State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Bipin Ghai, Advocate for Mr. Vipin Ghai, Advocate for the petitioner. RAJESH BINDAL, J. The challenge in the present petition filed under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short “the Act”) is to the order dated January 8, 2008 passed by the learned Sessions Judge, Ludhiana. The present proceedings arises out of FIR No. 108 dated October 31, 2006 registered under Sections 302, 201, 364, 34 IPC at Police Station, Dehlon, District Ludhiana where the petitioner filed an application before the Chief Judicial Magistrate, Ludhiana claiming himself to be a juvenile. The primary basis of the petitioner for claiming his date of birth to be July 2, 1990 is the certificate issued by the Registrar, Births and Deaths where on the basis of some entry made by the Chowkidar, the father of the petitioner moved an undated application to the Registrar, Births and Deaths for making entry of the date of birth of his son in the register, which was made and in terms thereof a certificate was issued whereas on the other hand, prosecution relied upon the Passport of the petitioner containing the date of birth as September 13, 1988. However, relying upon the certificate issued by the Registrar, Births and Deaths where entry admittedly was got made after the registration of the FIR, learned Chief Judicial Magistrate, Ludhiana declared the petitioner to be a juvenile vide order dated April 30, 2007. In appeal by the complainant, the order passed by the learned Chief Judicial Magistrate, Ludhiana was reversed and it was held that petitioner was not a juvenile. Criminal Revision No. 210 of 2008 -2- *** Learned counsel for the petitioner vehemently argued that as against the entry in the passport and the date of birth recorded in the school as was mentioned in the birth certificate should be relied upon and in terms thereof on the date of occurrence, the petitioner was a juvenile. Further he submitted that even in case of two views, one in favour of the accused should be adopted. Having heard learned counsel for the petitioner and perusing the orders passed by the Courts below, I do not find any substance in the arguments raised. It is not disputed that entry in the register of births and deaths was made on February 22, 2007 stating the date of birth of the petitioner as July 2, 1990 after the FIR had been lodged on October 31, 2006. As against this in the passport of the petitioner, the date of birth is mentioned as September 13, 1988. More relevant is the application filed by the petitioner for issuance of passport on June 15, 2006 just four months before the date of occurrence where date of birth mentioned is September 13, 1988. No only this even in records with the school and also with Punjab School Education Board, the date of birth of the petitioner is mentioned as September 13, 1988. There is nothing on record to suggest that immediately after the receipt of the passport, the petitioner made any request for correction of his date of birth or he made any effort through out his tenure in the school to get his date of birth corrected from September 13, 1988 to July 2, 1990. Even the Chowkidar admitted in his cross- examination that there was cutting in the original record. With this material on record which was sought to be rebutted by the petitioner only by producing a certificate from the Registrar, Births and Deaths, which he got prepared during the pendency of the proceedings after getting the record manipulated, in my opinion, no illegality has been committed by the learned Court below in not accepting the prayer of the petitioner to declare him a juvenile. No ground of interference is made in the revisional jurisdiction of this Court. Accordingly the petition is dismissed. February 05, 2008 (Rajesh Bindal) Pka Judge Criminal Revision No. 210 of 2008 -3- ***