drp {1} Cri.W.P.No.1043/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1043 OF 2010 Rajendra @ Meghraj Mahadeo Sakhare PETITIONER VERSUS The State of Maharashtra & Another RESPONDENTS ....... Ms.Sharda P.Chate, Advocate for the petitioner Mr. B.V.Wagh, APP for respondents State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 15th December 2010 PER COURT: 1. By this petition, under Article 226 of the Constitution of India, the petitioner, who has been convicted for an offence punishable u/s 302 r/w 34 of the Indian Penal Code and sentenced to imprisonment for life, prays that he be released, as he was juvenile on the date of commission of the offence. The petitioner has relied on a certificate at Exhibit-C, issued by the Head Master of Zilla Parishad Primary School, Chivari, Tq- Tuljapur, Dist-Osmanabad. Perusal of the said certificate shows that the date of birth of the petitioner is 06.04.1972 and the date of admission of the petitioner is 05.05.1977. The serial number in drp {2} Cri.W.P.No.1043/2010 respect of admission of the petitioner is stated in the certificate as 101/475. The aforesaid certificate is dated 19.10.2010. 2. On notice being issued to the respondents, the respondents have filed their affidavit in reply and with the affidavit, the respondents have annexed a certificate issued by the Head Master of the same school. The said certificate, annexed by the respondents, shows that the petitioner was given admission in the school at serial No.101/475 and the date of birth of the petitioner is 15.03.1986 and the date of admission in the school is 10.07.1973. As per the certificate, annexed by the respondents, it appears that the petitioner was major on the date when the offence is alleged to have been committed. We had also directed learned APP to make available the original register for our perusal. We have perused the original register and has placed on record a photo copy of the same, which we mark EXHIBIT-X for the purpose of identification. Entry in the original register shows that the date of birth of the petitioner is recorded as 15.03.1968 and the date of admission is 10.07.1973. 3. Thus, it is apparent to us that the petitioner has filed a forged and fabricated document in support of his claim that he was minor on the date when the offence is alleged to have been committed. According to us, the aforesaid fabrication of the document cannot be countenanced. drp {3} Cri.W.P.No.1043/2010 4. We accordingly dismiss this petition with costs of Rs. 10,000/- to be paid by the petitioner. Petition is accordingly dismissed with costs of Rs.10,000/- [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/B10/cwp1043-0