Crl.Rev.No.2553 of 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Crl.Rev.No.2553 of 2008 Date of decision: 4.11.2009 Krishan ... Petitioner versus State of Haryana ... Respondent CORAM: HON'BLE MR. JUSTICE JORA SINGH. Present: Mr.Sanjay Vashisth, Advocate, for the petitioner. Mr.K.S.Godara, DAG, Haryana. ... JORA SINGH, J. Krishan filed this revision against the judgment dated 8.11.2008 rendered by Additional Sessions Judge (Fast Track Court), Bhiwani. Vide this judgment, appeal against the order dated 4.8.2006 passed by Principal Magistrate, Juvenile Justice Board, Bhiwani, was accepted. FIR No.51 dated 12.3.2006 under Sections 323/307/304-B IPC Police Station Tosham, was registered against Krishan and others. Allegation of the petitioner was that he is juvenile. Request of the petitioner was accepted and he was declared juvenile. Prosecution was directed to present supplementary challan. Against the order dated 4.8.2006 passed by Principal Magistrate, Juvenile Justice Board, Bhiwani, appeal was preferred by the State of Haryana. Additional Sessions Judge, Bhiwani, accepted the appeal on the allegation that original birth record was not produced and it was not established on record as to on what basis, date of birth was recorded in the school records. Crl.Rev.No.2553 of 2008 2 Feeling dissatisfied with the judgment dated 8.11.2008 rendered by Additional Sessions Judge, Bhiwani, present revision was preferred by Krishan. In support of the allegation that the petitioner is juvenile, the petitioner produced copy of Middle Standard Examination issued by the Board of School Education, Haryana (Annexure P-9), and copy of migration certificate issued by Principal, Government Senior Secondary School, Devrala, Bhiwani (Annexure P-10). Annexure P-9 shows that Krishan son of Hari Singh and Smt. Murti wife of Hari Singh had appeared in the Middle Standard Examination in April, 2003. Date of birth of Krishan is 10.11.1988. Annexure P-10 also shows that date of birth of Krishan is 10.11.1988. In view of the certificates (Annexures P-9 and P-10), the State was directed to verify as to whether the certificates were genuine or not. Verification report was submitted by the State to the effect that both the certificates (Annexures P-9 and P-10) are correct one. No document was produced by the State regarding the age of Krishan. Additional Sessions Judge while setting aside the order of the Principal Magistrate observed that original record was not produced on the basis of which, date of birth of Krishan was entered in the school record. But approach of the Additional Sessions Judge is not correct one. Hira Singh, Hindi Teacher, had appeared in the Court and brought the record of the school, i.e., photocopy of the Admission and Withdrawal Register (Annexure AW1/A), copy of Annual Examination Result Register (Annexure AW1/B), and again copy of Admission and Crl.Rev.No.2553 of 2008 3 Withdrawal Register (Annexure AW1/C). Besides documentary proof, Hari Singh, father of Krishan, had also appeared in the Court. Order of the trial Court was set aside on the allegation that Hari Singh while appearing in the Court stated that he was married about 16 years back and in case he had married 16 years back, then no question of birth of Krishan in the year 1988, when the marriage had taken place in the year 1990. But Hari Singh is illiterate. Approximately he had stated that about 16 years back, he was married, but in the presence of documentary proof, statement of Hari Singh is not to be preferred. No proof in writing from the side of the State that date of birth of Krishan is not 10.11.1988. Report of the State rather shows that both the certificates (Annexures P-9 and P-10) are genuine one. In view of the documentary proof, revision filed by petitioner Krishan is accepted and the order dated 8.11.2008 passed by the Additional Sessions Judge (Fast Track Court), Bhiwani, is set aside. Krishan is declared juvenile. Learned counsel for the petitioner argued that about 8/10 witnesses have already been examined and only few witnesses are yet to be examined. Petitioner is directed to appear before the Principal Magistrate, Juvenile Justice Board, Bhiwani, on the date of hearing to face trial as per law. 4.11.2009 ( JORA SINGH ) pk JUDGE