Delhi High Court
Parvinder Singh vs State on 28 May, 2012
Author: S.Ravindra Bhat
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON :28TH MAY, 2012
+ CRL.A. 182/1998, CRL.M.A.5277-5278/2012
PARVINDER SINGH ..... Appellant
Through : Mr.Nishant Singh, Advocate.
versus
STATE ..... Respondent
Through : Mr.Sanjay Lao, APP.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE S.P.GARG
S.RAVINDRA BHAT, J. (Open Court)
1. This Court by order dated 23.04.2012 directed that the application
under Section 49 read with Section 7A of Juvenile Justice (Care and
Protection of Children) Act, 2000 should be enquired into by the Joint
Registrar, a Judicial Officer from the DHJS cadre. His report dated
23.05.2012 has been received; the same is on the record.
2. The incident in this case which led to the Appellant's conviction took
place on 30.08.1992. The Appellant claimed in the course of these
proceedings that he was a juvenile less than 18 years as on that day since his
date of birth was 20.01.1976. The Appellant relied upon the school records.
He studied in three schools. The first school in which he was admitted, on
01.08.1981 recorded his date of birth as 20.01.1976. In the course of the
CRL.A. 182/1998 page 1 of 4
enquiry directed by the Court the school official was examined as AW-1.
The second and third schools where the Appellant studied also recorded his
date of birth as 20.01.1976 although on the basis of the previous school
records and the transfer certificate issued. During the course of the enquiry,
it was also noted that at the time of admission, Appellant's father had given
his affidavit dated 08.08.1985 mentioning the date of birth of the Appellant
as 20.01.1976. Besides these, the ration card of the Appellant's family was
produced. The testimonies of all six witnesses were recorded in the enquiry.
3. The relevant part of the enquiry report reads as follows :
"6. Parvinder Singh was admitted in school for the first time
in Class 1 in Shiv Vani Model Senior Secondary School,
Mahavir Enclave, Palam Road, New Delhi. Sh. Dev Raj (AW6)
brought the original record in respect of his admission in the
said school where he was admitted on 01.08.1981. He has
proved the admission form as Ex.AW6/1 and the copy of the
application and withdrawal register containing the relevant
entry is proved as Ex.AW6/2. Parvinder studied in the school
upto 30.04.1985. It is relevant here to state that the admission
form Ex.AW6/1 is unsigned.
7. Subsequently, on 22.08.1985 Parvinder Singh took
admission in Class IV in MCD Primary School, Raj Nagar,
Palam, New Delhi. Sh.Nem Pal Singh (AW5). Principal of the
said school has been examined, who has proved the record
relating to his admission in the said school. He has stated that
at the time of admission, Sh.Jasbir Singh, father of Parvinder
Singh had given his affidavit dated 08.08.1985 mentioning the
date of birth of Parvinder Singh as 20.01.1976 and copy of this
affidavit is proved as Ex.AW5/3. He further deposed that
Parvinder Singh was admitted in the said school on the basis of
affidavit Ex.AW5/3, wherein it was mentioned by his father that
Parvinder Singh had not studied in any government or
recognized school so far but studied upto Class 4th privately. He
studied in the school upto 23.05.1987 when Transfer Certificate
was issued to him.
CRL.A. 182/1998 page 2 of 4
8. Subsequently, Parvinder Singh took admission in Class
th
6 in Sarvodaya Bal Vidyalya No.2, Palam Enclave, New Delhi
on 21.07.1987 where he was admitted on the basis of Transfer
Certificate issued by the previous school and he studied in this
school upto 04.04.1988 and thereafter, he took admission in
Class 7th in Shree S.D. Co-Ed. Secondary School, Sadar Bazar,
Delhi on 09.04.1988 where he studied till 23.01.1992. Sh.
J.R.Meena (AW3) and Sh. Rakesh Sharma (AW1) respectively
have proved the record of admission of Parvinder Singh in the
said schools.
9. Sh. R.S. Sharma, (AW2) Inspector, Food & Supply,
Bijwasan, New Delhi has proved the ration card of the family of
the appellant as Ex.AW2/2 wherein the year of birth of
Parvinder Singh is mentioned as 1975.
10. Parvinder Singh does not have any date of birth
certificate. It is so admitted by his mother in her testimony as
AW4. He was admitted for the first time in Shiv Vani Model
Senior Secondary School on 01.08.1981 apparently on the
information furnished by his father. In fact, his father gave an
affidavit Ex.AW5/3 while getting his son admitted in MCD
Primary School, Raj Nagar, Palam in Class 4 wherein he
mentioned 20.01.1976 as date of birth of Parvinder Singh. In
subsequent schools also, Parvinder Singh was admitted only on
the basis of Transfer Certificate/School Leaving Certificate
issued by the previous school.
11. In all the school records, the date of birth of Parvinder
Singh is mentioned as 20.01.1976. The date of birth mentioned
by the father of Parvinder Singh while getting him admitted in
different schools should not be doubted because it was much
prior to the date of commission of offence and at that time, it
could not have been thought that Parvinder Singh would get
involved in any criminal case at a later stage of his life.
12. The offence took place on 31.08.1992. If the age of
Parvinder Singh is calculated on the date of commission of
offence, as having been born on 20.01.1976, it comes to 16
years, 7 months and 10 days. Even if his age is calculated as
per ration card wherein he is mentioned as born in 1975, it
comes to around 17 years and some months. Looking at any
angle, he was below 18 years of the date of commission of
CRL.A. 182/1998 page 3 of 4
offence.
13. As per the Juvenile Justice (Care and Protection of
Children) Act, 2000 and the rules framed thereunder juvenile is
a person who is less than 18 years of age on the date of
commission of the offence. Hence it is proved that the
Appellant/Parvinder Singh was a juvenile on the date of
commission of offence i.e. 31.08.1992 and the same is held so."
4. On an application of the principles, outlined in the decisions in the
„Hari Ram vs. State of Rajasthan‟, 2009 (13) SCC 211 and „Pratap Singh vs.
State of Jharkhand‟, 2005 (3) SCC 551 and, this Court is satisfied that the
Appellant was a juvenile as on the date of offence. The application is
consequently allowed.
5. In these circumstances, the sentence of the Appellant is hereby
reduced to the maximum period permissible under the Juvenile Justice (Care
and Protection of Children) Act, 2000 as the Appellant has undergone more
than 7 years. The appeal is allowed to that extent. The bail bond and surety
bond furnished to the Court are hereby discharged.
(S. RAVINDRA BHAT)
JUDGE
(S.P.GARG)
JUDGE
MAY 28, 2012
tr
CRL.A. 182/1998 page 4 of 4
