IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.622 of 2007 PAPPU SINGH SON OF LATE CHOTAN SINGH(ALTHOUGH THE REAL NAME OF THE PETITIONER IS DHARMENDRA KUMAR, AND HIS FATHER’S NAME IS SACHIDANAND SINGH, AND HIS NAME IS PAPPU SINGH, AND THE ALIAS NAME OF HIS FATHER IS LATE CHOTAN SINGH, RESIDENT OF VILLAGE MADHURAPUR, P.S. TEGHRA, DISTRICT BEGUSARAI ….PETITIONER Versus 1.STATE OF BIHAR 2.RAM SARAN SINGH SON OF LATE ANUJ SINGH, RESIDENT OF VILLAGE MATHURAPUR EAST TOLLA, P.S. TEGHRA, DISTRICT BEGUSARAI ….OPPOSITE PARTIES ----------- 7 19.5.2009 The petitioner is aggrieved by the order dated 30.3.2007 passed in S.T.No.69(S) of 1993 by Additional Sessions Judge cum F.T.C. No.IV, Begusarai. On 8.12.2004 a petition was filed on behalf of the petitioner stating therein that he was below 16 years of age on the alleged date of occurrence in the year 1993 and as such he was juvenile in terms of Juvenile Justice Act. In support of his contention the petitioner examined five witnesses i.e. E.W.1 Sudha Devi, who is the mother of the petitioner has stated that she does not know the exact date of birth or year of the petitioner. She further stated that the horoscope of his son was prepared by one Braj Kishore Pandit who has not been examined. E.W.2 Uma Shankar Singh @ Kari Singh, who is a resident of same village and uncle of the petitioner stated the date of birth of the petitioner as 15.4.1978. E.W.3 Brahmdeo Paswan, who was Incharge Head Master of Middle School, Barauni has proved the transfer certificate issued by the then Head Master which had been marked as Ext.2. He also proved the entry no.262 dated 11.3.1988 of admission register of the 2 school which has been marked as Ext.1; E.W.4 Hari Nandan Sharma has stated that at the time of birth of the petitioner, he had gone with Pandit Brij Kishore Pathak to the house of Sachidnanand Singh, father of the petitioner and on the direction of Pandit Brajendra Kishore Pathak he had written the horoscope of the petitioner which has been marked as Ext.3 and E.W.5 Ashok Kumar Jha has testified the certificate issued by the Member of Panchayat Samiti and Sarpanch of Village Panchayat which have been marked as Ext.4 and 4/1. Learned counsel for the petitioner submits that the real name of the petitioner is Dharmendra Kumar @ Pappu Singh and his father’s name is Sachidanand Singh @ Late Chotan Singh. The prosecution examined two witnesses including Bijo Yadav. Bijo Yadav has stated that the petitioner is three years younger than him. At the time of his examination his age was ascertained as 43 years. He stated that neither the petitioner nor his father has any alias name. The other witness examined on behalf of the State proved formal F.I.R. of Fulwaria P.S. Case No.17/06 as well as signature on complaint petition which has been marked as Ext.A, Ext.B and B/1 respectively. The prosecution has filed the aforesaid document to show that neither the petitioner Pappu Singh nor his father has alias name. In this case a Medical Board was also constituted for ascertaining the age of the petitioner. The Medical Board ascertained 3 the age of the petitioner in between 35 to 40 years as on 29.4.2006. As per the medical report the age of the petitioner on the alleged date of occurrence would be in between 22 to 27 years in the year 1993, the year of occurrence. The trial court has observed that since the report of the Medical Board was against the petitioner and as such he had not tried to mark it as exhibit. It appears that on the basis of oral evidence and school transfer certificate granted by the Incharge Head Master of Middle School, Barauni the petitioner has tried to put in a claim that he was below 16 years on the alleged date of occurrence in the year 1993. The transfer certificate and the relevant extract of school register in respect of entry no.262 dated 11.3.1988 is not specific in respect of the petitioner Pappu Singh but the same shows the name of one Dharmendra Kumar son of Sachidanand Singh. There has been no specific averment that the said school was the first school that was attended by the petitioner. In this view of the matter, the transfer certificate as well as relevant extract of Middle School certificate, Barauni do not conclusively prove that the same is in respect of this very petitioner. This court in the case of Bir Bahadur Singh Vs State of Bihar, 2009(1) P.L.J.R. 116 has held that the court concerned making an enquiry is fully authorized to look into other evidence if the school certificate do not inspire confidence. In the instant case, no matriculation certificate has been brought on record to prove the date of birth of the petitioner. 4 KHAN On the other hand the medical report shows that the petitioner would be aged between 22 to 27 years on the date of the occurrence. The mother of the petitioner has also failed to give the date of birth of the petitioner and also the year of his birth. In backdrop of the aforesaid discussions, this court holds that the trial court has rightly rejected the prayer of the petitioner to declare him juvenile and as such this revision application stands dismissed. (S.P.Singh,J)