====================================================== Raj Bahadur Singh son of late Kamla Singh, R/o village Bharthuigarh, P.S. Jiradei v. Jiradei, Dist. Siwan
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.517 of 2013 ====================================================== Raj Bahadur Singh son of late Kamla Singh, R/o village Bharthuigarh, P.S. Jiradei, Dist. Siiwan .... .... Petitioner/s 1. The State of Bihar 2. Vikas Kr. Singh S/o Shree Murari Singh, R/o village Bhartuigarh, P.S. Versus Jiradei, Dist. Siwan .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. B.P. Singh, Advocate For the Respondent/s : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 20-05-2013 1. The present application has been filed under section 53 of the of the Juvenile Justice Care and Protection of Children) Act, 2000 against the order dated 8th March, 2013, passed in Sessions Trial No. 41 of 2010 by the learned Fast Track Court-V, Siwan, whereby opposite party no.2 has been declared a juvenile in conflict with law. 2. The Opposite party no. 2 is being prosecuted for having committed an offence punishable under section 366 (A) of the Indian Penal Code. In course of trial an application was filed on his behalf stating therein that as per Matriculation Certificate his date of birth is 21.07.1994 and as such on the date of occurrence he was aged 14 years 8 months and 15 days and thus, a juvenile in conflict with law. . The learned Trial Court after holding 2
Legal Reasoning
Patna High Court CR. REV. No.517 of 2013 (2) dt.20-05-2013 2 / 6 an inquiry and examining witnesses found the contention of the accused (O.P. No.2) to be correct and thus by the impugned order, declared him to be a juvenile in conflict with law on the date of occurrence. 3. The contention of the petitioner is that the entry of date of birth of the petitioner as recorded in Board of High School and Intermediate Examination U.P. being 21st July, 1994, is not correct. According to the petitioner, the opposite no.2 had earlier appeared in Matriculation Examination in the year 2007 and as per record of the school his date of birth was 10th April, 1992. In course of enquiry one witness, namely, Nagendra Kumar Singh was examined on behalf of the petitioner who stated that opposite party no.2 is his co-villager and is aged about 22 years. He has also brought on record a photo copy of information supplied by the Head Master of Chajju Singh High School, Bharthui, Siwan under the Right to Information Act in which it has been stated that the opposite party no.2 was admitted in Class-VII of the school on 05.01.03 and in the school register his date of birth has been recorded as 10th April 1992. 4. On the other hand, the opposite party no.2 denied the allegation made by the petitioner. Two witnesses were examined on his behalf. The mother of the opposite party no.2 has been examined as witness no.1 whereas one Ramlal Yadav, an Assistant Teacher of N.Z..I .College, Athgawan, Balia, U.P. has been examined as witness no.2. He has stated that the opposite party no.2 passed his Matriculation Examination from N.Z.I. College, 3 Patna High Court CR. REV. No.517 of 2013 (2) dt.20-05-2013 3 / 6 Athgawan, Balia U.P. and the date of birth recorded in the matriculation certificate is 21st July 1994. The original Matriculation Certificate and the relevant page of Original Register recording the date of birth of the opposite party no.2 as 21st July, 1994, has been proved by the Assistant Teacher of the School. The court below, takng into consideration the materials collected in course of enquiry passed the order impugned which is under challenge in the present case. 5. Rule 12 indicates the procedure to be followed to give effect to the provisions of section 7 A of the Juvenile Justice (Care and Protection of Children) Act, 2000, as well as, the subsequent amendment of 2006 which reads as under : ―12. Procedure to be followed in determination of age. – (1) In every case concerning a child or juvenile in conflict with law, the Court or the Board, as the case may be, the Committee referred to in rule 19 of these rules shall determine the age of such juvenile or child or a juvenile in conflict with law within a period of thirty days from the date of making of the application for that purpose. (2) The Court or the Board, or , as the case may be, the Committee shall decide the juvenility or otherwise of the juvenile or the child or, as the case may be, the juvenile in conflict with law, prima facie on the basis of physical appearances or documents, if available, and send 4 Patna High Court CR. REV. No.517 of 2013 (2) dt.20-05-2013 4 / 6 him to the observation home or in jail. (3) In every case concerning a child or juvenile in conflict with law, the age determination inquiry shall be conducted by the Court or the Board or as the case may be, the Committee by seeking evidence by obtaining— (a)(i) the matriculation or equivalent certificates, if available; and in absence whereof; (ii) the date of birth certificate from the school (pother than a play school) first attended; and in the absence whereof; (iii) the birth certificate given by a corporation or a municipal authority or a panchayat; (b) and only in the absence of either (i),(ii) or (iii) of clause (a) above, the medical opinion will be sought from a duly constituted Medical Board, which will declare the age of the juvenile or child . In case exact assessment of the age cannot be done, the Court or the Board or, as the case may be, the Committee for the reasons to be recorded by them, may, if considered necessary, give benefit to the child or juvenile by considering his/her age on lower side within the margin of one year, And, while passing orders in such case shall, after taking into consideration such evidence as may be available, or the medical opinion, as the case may be, record a finding in respect of his age and either 5 Patna High Court CR. REV. No.517 of 2013 (2) dt.20-05-2013 5 / 6 of the evidence specified in any of the clauses (a)(i),(ii),(iii) or in the absence whereof, clause (b) shall be the conclusive proof of the age as regards such child or the juvenile in conflict with law. (4) If the age of the juvenile or child or the juvenile in conflict with law is found to be below 18 years on the date of offence, on the basis of any of the conclusive proof specified in sub- rule (3), the Court or the Board or, as the case may be, the Committee shall in writing pass an order stating the age and declaring the status of juvenility or otherwise, for the purpose of the Act and these rules and a copy of the order shall be given to such juvenile or the person concerned. (5) Save and except where, further inquiry or otherwise is required, inter alia, in terms of section 7-A, section 64 of the Act, and these rules, no further inquiry shall be conducted by the Court or the Board after examining any obtaining the certificate or any other documentary proof referred to in sub-rule (3) of this rule. (6) The provisions contained in this rule
Decision
shall also apply to those disposed of cases, where the status of juvenility has not been determined in accordance with provisions contained in sub-rule (3) and the Act, requiring dispensation of the sentence under the Act for passing appropriate order in the interest of the juvenile in conflict with 6 Patna High Court CR. REV. No.517 of 2013 (2) dt.20-05-2013 6 / 6 law.‖ 6. As per sub Rule (3) (a)(i) of the aforesaid Rules 12, the date of birth recorded in matriculation or equivalent certificate comes at the first stage in order of priority for consideration to ascertain the age of the accused claiming to be a juvenile. 7. In the case on hand, the O.P. no.2 claimed to be a matriculate. He produced the matriculation certificate before the court concerned in which his date of birth was found recorded as 21.07.1994. Once the authenticity of the same has been verified and established by the Court after conducting proper inquiry in accordance with law, the order impugned cannot be held to be bad. The court below has given clear, cogent and convincing reason for coming to the finding of Juvenility in favour of the opposite party no.2. The order passed by the court below is neither erroneous nor perverse. 8. Accordingly, I do not find any merit in the present application. Dismissed. . (Ashwani Kumar Singh, J) M.Rahman/-