1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 833 OF 2010 IN CRIMINAL APPEAL NO. 541 OF 2005 SHAMSHUL YADALI SHAIKH .. .. APPLICANT Vs. THE STATE OF MAHARASHTRA .. .. RESPONDENT Mr. Abhaykumar Apte for the applicant Mrs. U. V. Kejariwal, APP CORAM: SMT. RANJANA DESAI & SMT. V. K. TAHILRAMANI, JJ. DATED : 13/8/2010 P.C. The applicant is a life convict. He is lodged in Nasik Central Prison, Nasik. The applicant has sent this application through jail. According to him on the date of incident in question i.e. on 16/9/03 the applicant was 17 years of age and, therefore, he is entitled to the benefit of The Juvenile Justice (Care and Protection of Children) Act, 2000. 2 2. On the last occasion, we had directed learned APP Mrs. Kejariwal to verify through the police whether the transfer certificate allegedly issued by U. M. Vidhyalaya Piyarpur Jharkhand (the said school) which is annexed to the application by the applicant is genuine or not. In the said certificate the applicants date of birth is shown as 12/10/1986. 3. Pursuant to our order the police have made inquiry and a report dated 9/8/2010 is submitted by Senior Police Inspector Mr. P. S. More, Turbhe Police Station, Navi Mumbai. It is stated in the report that API Bhende, of Turbhe Police Station, along with ASI Dubey of Radhanagar Udva Police Station went to Jharkhand to make inquiry about the said transfer certificate. Shri Bhende and ASI Dube went to meet the Principal, Mohammed Moizuddin Mohammed Sharafat Husain of U. M. Vidhyalay, Piyarpur, Radhanagar,Taluka Udva, District Sahebganj, Jharkhand. The Principal scrutinized the school record and stated that the applicant did not take admission in the said school on 15/2/1993 and no student by the name of Shamshul Yadali Shaikh or Shamshul Haq has taken admission in the said school. The Principal further stated that he has not signed on the transfer certificate which is annexed to the application and the stamp found on the said certificate is not of the said school. The Principal further stated that the said school has not issued any school leaving certificate dated 5/3/08 to the 3 applicant and the said transfer certificate has not been issued by his school. The above statement was given by the Principal in his own handwriting and under his signature. The police have also recorded his statement which is to the similar effect. 4. We have perused the statement of the Principal Mohammed Moizuddin given in his own handwriting as also his statement recorded by the police. Both are consistent. It is clear,therefore, that in order to get benefit of the Juvenile Justice (Care and Protection of the Children) Act, 2000, the applicant has fabricated the transfer certificate as stated by Senior Inspector of Police, Turbhe Police Station in his report dated 9/8/2010. We have taken the report of Senior Police Inspector Shri More along with the annexures on record and marked it “A-collectively”. 5. In view of the fact that the transfer certificate annexed by the applicant to the application is not genuine and in fact is a fabricated document the application must be rejected. We would have taken some action against the applicant for attempt to hoodwink the court by fabricating transfer certificate but in view of the fact that the applicant is already sentenced for life, we refrain from doing so. 4 6. Application is dismissed. 7. This order of communicated to the applicant in jail. (SMT. RANJANA DESAI, J.) (SMT. V. K. TAHILRAMANI, J.)