CRR No.190 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.190 of 2011 (O&M) Date of decision: 21.3.2011 Thomas Masih @ Gurcharan Masih ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. K.S. Dhaliwal, Advocate, for the petitioner. Ms. Bhavna Gupta, DAG, Punjab. Mr. K.S. Kahlon, Advocate, for the complainant. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Present revision is preferred disputing the order dated 18.12.2010 passed by Additional Sessions Judge, Gurdaspur, in Session Case No.26/2009 thereby dismissing the application moved by the revisionist to separate his trial being juvenile. Brief facts of the present case inter alia are that revisionist is facing trial pursuant to FIR No.113 dated 2.9.2008 under Sections 302/326/325/323/324/148/149 of the Indian Penal Code, Police Station Sri Hargobindpur, District Gurdaspur. After investigating, challan was submitted before the learned Magistrate on 25.10.2008 and thereafter case was committed for trial to the Court of Sessions vide order dated 25.4.2009. On 31.8.2009, present revisionist/accused has moved an application stating that his date of birth is 11.7.1993, hence he was only CRR No.190 of 2011 (O&M) -2- 15 years and 2 months at the time of occurrence i.e. on 2.9.2008, therefore, he may not be tried by the Court of Sessions and he may be declared as juvenile. Fifth standard examination certificate was produced before the learned trial Court, which was marked as Ex.A1. As per the fifth standard examination certificate, date of birth of the revisionist was 11.7.1993. Admission register of the school of the year 2000 was also summoned. Balwinder Singh AW2, teacher of Shri Guru Teg Bahadur High School, Primary Section, Warian,was examined and he has proved the entries in the admission register. As pr the admission register, on 11.4.2000 Gurcharan Singh son of Raves Singh, mother's name Parveen Kaur, resident of village Pinda Rori was admitted in the second standard in the school and his name was entered at Sr. No.102 and as per school register, his date of birth is 11.7.1993. Attested copy of the original register was kept on record and was duly proved and marked as Ex.AW2/A. Before the learned trial Court, mother of the revisionist/accused was examined as PW1, who has deposed that Thomas Masih is her son and he is also known as Gurcharan Masih. He was born in July, 1993 and has studied upto ninth standard. From the side of the complainant, Vijay Kumar, Computer Clerk, Civil Surgeon Office, Gurdaspur, was examined as RW1 and he has deposed that in the office of CMO no birth record for the year 1993-94 is available proving the birth of the present revisionist. Learned Additional Sessions Judge did not believe the school certificate having observed that birth certificate has not been produced and as per record of the CMO, date of birth of the revisionist/accused CRR No.190 of 2011 (O&M) -3- between 1993-94 is not proved. It was further observed by the learned trial Court that fifth standard school certificate (Ex.A1) refers to Gurcharan Singh son of Raves Singh while name of the accused is Gurcharan alias Thoma son of Rebis Masih, therefore, school certificate does not inspire confidence. I have heard learned counsel for the parties and have perused the record. In the chargesheet (challan), name of the present revisionist/accused figures at Sr. No.7, which reads as under: - “7. Gurcharan Masih son of Rabis Masih, aged 17 ½ years.” In the opinion of this Court, fifth standard school certificate Ex.A1 (copy of which is Annexure P-4 to the memo of revision) contains the correct name of mother of accused as Parveen Kaur. As per school certificate date of birth of the accused is 11.7.1993. As per the statement on oath of the mother of the accused PW1 and as per the statement on oath of the teacher of the school Sh. Balwinder Singh and as per the school record Ex.AW2/A date of birth of accused is 11.7.1993. It is not disputed that accused is also known as Gurcharan. Challan filed by the Investigating Officer in the Court shows that age of the accused is 17 ½ years. Meaning thereby less than 18 years. Ms. Bhavna Gupta, learned Deputy Advocate General, Punjab, states that Investigating Officer is not disputing the status of the revisionist as juvenile as per challan. Complainant is not suggesting what is the date of birth or age of the accused. Contentions of the complainant are vague and CRR No.190 of 2011 (O&M) -4- ambiguous. It is not suggested by the complainant that accused has not attended the school, namely, Shri Guru Teg Bahadur High School, Warian. In the opinion of this Court, from the evidence and material as discussed above, accused is juvenile. Order impugned deserves to be set aside. Revision is allowed. Impugned order is set aside. Accused shall be dealt with in accordance with the provisions of Juvenile Justice Act. (Alok Singh) Judge March 21, 2011 R.S.