HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2477 OF 2007 DATE:11.06.2010 Between: Menta Balakrishna @ Siva Balakrishna …….Petitioner And: The State of AP., rep. by its PP and another ……Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2477 OF 2007 ORDER: Questioning order dated 02.04.2007 of the Assistant Sessions Judge, Kothapeta in Sessions Case No.282 of 2006, the petitioner/A-1 filed this petition under Section 482 Cr.P.C. Question before the lower court was whether the petitioner/A-1 was a juvenile or not. The lower court after examining two witnesses C.Ws.1 and 2 and marking 6 documents Exs.C-1 to C-6, considered the same and came to the conclusion that A-1 is not a juvenile. C.W.1 is working as Senior Assistant in Road Transport Office, Bhimavaram. He produced copies of Ex.C-2 Learners License of A-1 and Ex.C-3 Driving License of A-1. C.W.2 is Head Master of Special Municipal Elementary School, Bhimavaram. She produced copies of Ex.C-4 Transfer Certificate of A-1, Ex.C-5 Admission Register of A-1 and Ex.C-6 is Date of Birth Certificate of A-1 issued by the Head Mistress. Date of birth certificate issued by the Head Mistress was on the basis of entries in the Admission Register Ex.C-5. Ex.C-4 Transfer Certificate was prepared on the basis of Ex.C-5. The lower court placed reliance on Ex.C-2 and C-3 Driving Licenses of A-1 which show his date of birth as 21.05.1985. On the other hand, as per Admission Register of the school, date of birth of the petitioner is given as 10.03.1990. Thus, there is difference of five years between the two sets of documents. Entries in the Admission Register are not based on any date of birth certificate issued by Births and Deaths Registration authority. Therefore, the lower court did not place any reliance on entries in the admission register which are noted as per oral information given by the parents of A-1. In the absence of any entries from Births Register maintained by the Registration Authority, the lower court rightly believed Ex.C-2 and C-3 wherein age of A-1 was shown as 20 years as on the date of offence which took place on 14.09.2005. It is a finding of fact arrived at by the lower court and the said finding of fact is based on acceptable material placed before the lower court. I do not find any valid reasons to come to a different conclusion in this petition. In the result, the petition is dismissed. ____________________________________ SAMUDRALA GOVINDA RAJULU,J. Date:11.06.2010. GK. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2477 OF 2007 Date:11.06.2010 Gk.