Criminal Revision No. 2501 of 2003 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 2501 of 2003 (O&M) Date of decision: August 04, 2009 Mukhvinder Singh .. Petitioner v. State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Gauttam Dutt, Advocate for the petitioner. Ms. Ritu Punj, Deputy Advocate General, Haryana. Rajesh Bindal J. The petitioner is impugning the order passed by the learned court below, whereby the plea taken by the petitioner to declare him a juvenile, was rejected. Briefly, the facts are that the petitioner is accused in FIR No. 41 dated 17.1.1992 under Section 302 IPC. At the time of framing of charge, the petitioner took the plea that he was less than 18 years of age at the time of occurrence claiming that his date of birth is 7.4.1976. The learned court below did not find substance in the claim made by the petitioner on the basis of material placed on record. This is how the petitioner is before this Court. Learned counsel for the petitioner submitted that on the date of occurrence, the petitioner was juvenile as his date of birth was 7.4.1976, as is evident from Ex. PW1/1- certificate issued by the Chowkidar where in the register there is an entry to that effect and Ex. PW1/2 – report of Head Constable Kartar Singh is also to the same effect. If the age of the petitioner is counted from the date of birth as on the date of occurrence, he was juvenile being less than 18 years of age. In terms of the judgment of Hon'ble the Supreme Court, he is entitled to the benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000, as even in the pending cases, the age upto which the accused is to be considered as a juvenile, has to be taken as 18 years. He further referred to the affidavit dated 12.1.2009 sworn by Deputy Superintendent of Police stating therein that he had Criminal Revision No. 2501 of 2003 [2] verified from the village regarding the date of birth of the petitioner, which was found as 7.4.1976. However, as per the record with Haryana School Education Board, where the petitioner appeared in the Matriculation examination in 1989, the date of birth was 17.8.1973. While relying upon the aforesaid documents, the submission was that either this court may appreciate the aforesaid documents and declare the petitioner a juvenile or the matter may be remitted back to the learned court below for fresh consideration. On the other hand, learned counsel for the State submitted that the petitioner cannot be permitted to come out of his own admission in the form of declaration of age made by him at the time of appearance in the Matriculation examination in March, 1989 as was conducted by Haryana School Education Board, where the same was submitted as 17.8.1973. No other document over and above the same can possibly be relied upon to determine the age of the petitioner. He further submitted that even in the affidavit of the Deputy Superintendent of Police, all what has been stated is the oral enquiry from the village. The birth certificate now sought to be produced is also totally irrelevant, as if the date of birth of the petitioner is considered as 7.4.1976, he was merely 13 years of age in March, 1989 and cannot possibly appear in the Matriculation examination at that time, whereas as per the date of birth furnished with Haryana School Education Board, the petitioner was 15-1/2 years of age, when he appeared in the Matriculation examination which is the appropriate age. After hearing learned counsel for the parties, I do not find any merit in the present petition. There are two documentary proofs available on record in support of date of birth of the petitioner – one is the date which was furnished at the time of appearance of the petitioner in the Matriculation examination held in March, 1989. The date of birth given therein was 17.8.1973. The second document is the birth certificate issued by the Chowkidar of the village, where it is sought to be mentioned that as per the entry in the register, the date of birth of the petitioner was 7.4.1976. The fact that the petitioner had appeared in the Matriculation examination in March, 1989 is not disputed. If the date of birth of the petitioner is counted from both the dates of birth, the same would be 18 years and 3 months as per the record with Haryana School Education Board and as per the birth certificate, the same would be 15 years, 7 months and 10 days on the date of occurrence. Considering the fact that no one can possibly appear in the Matriculation examination at the age of 13 years, the birth certificate now produced by the petitioner cannot possibly be relied upon to declare him juvenile, as against the age mentioned in the form at the time of appearance in the Criminal Revision No. 2501 of 2003 [3] Matriculation examination. For the reasons mentioned above, I do not find any merit in the present petition. Accordingly, the same is dismissed. (Rajesh Bindal) Judge August 04, 2009 mk