Delhi High Court
Deepak vs State (National Capital ... on 20 May, 2015
Author: S. P. Garg
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : 20th MAY, 2015
+ CRL.REV.P.669/2014 & CRL.M.A.No.17113/2014
DEEPAK ..... Petitioner
Through : Mr.Kamal Nagar, Advocate.
VERSUS
STATE (NATIONAL CAPITAL TERRITORY OF DELHI)
..... Respondent
Through : Ms.Kusum Dhalla, APP.
SI Manoj, PS Bhalaswa Dairy.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P.GARG, J. (ORAL)
1. Present revision petition has been preferred by the petitioner
to challenge the legality and correctness of an order dated 18.09.2014 of
learned Addl. Sessions Judge whereby application under Section 7A of
the Juvenile Justice (Care & Protection of Children) Act, 2000 filed on his
behalf was dismissed with costs. Status report is on record.
2. I have heard the learned counsel for the parties and have
examined the file. The petitioner claims juvenility on the date of incident.
It is claimed that his date of birth is 04.12.1992 as recorded in the School
Admission Register in Sant Nirankari Boys Senior Secondary School,
Sant Nirankari Colony, Delhi, where he took admission for the first time.
This document could not be produced in the earlier enquiry as the
petitioner, who was in custody, could not collect it.
3. It is a matter of record that the petitioner had claimed himself
to be juvenile earlier on 19.02.2011. The Trial Court conducted
Ossification Test for determination of his age. Order dated 26.02.2011
reflects that petitioner's father - Ram Mehar had relied upon a Birth
Certificate allegedly issued by the Registrar of Birth and Death. When he
was asked to furnish the original, he failed to produce it. When he was
told as to why he should not be prosecuted for filing false / forged
document, he voluntarily tendered apology and prayed to take lenient
view. Keeping in view the apology voluntarily tendered by him, he was
sentenced to pay a fine ` 200/- which was deposited. It is relevant to note
that on enquiry, it was found that no such Birth Certificate was issued by
the competent authority.
4. Subsequently, further enquiry was conducted pursuant to the
orders of this Court in Crl.Rev.P. 156/2011. By an order dated
10.04.2012, the Trial Court found that the petitioner was not juvenile.
Revision petition against the order dated 10.04.2012 was dismissed by this
Court. When the case was fixed for final arguments, the instant
application was moved. The Trial Court for valid and cogent reasons
dismissed the application suspecting the genuineness of the date of birth
recorded in the School Leaving Certificate which was never produced /
relied upon by the petitioner. As per the School Leaving Certificate, the
petitioner was allegedly studying in 7th class. However, while taking
admission on the basis of oral test in Bhopal Singh Public Junior High
School Bhagot, District Bhagpat, U.P., it was claimed that the petitioner
had not studied anywhere and was taking admission for the first time in
the said school. Moreover, the admission in the said school was taken in
5th Standard and the date of birth recorded was 04.12.1993. It is
unbelievable that the petitioner or his family members were not aware
about the petitioner having got his studies at Sant Nirankari Boys Senior
Secondary School, Sant Nirankari Colony, Delhi, till 7th Standard.
Moreover, the Birth Certificate issued by the competent authority to seek
admission in the said school was found fake so any date of birth recorded
in the said school even on that basis is inconsequential.
5. In the light of above discussion, I find no merit in the
revision petition and is dismissed. Pending application also stands
disposed of. Trial Court record be sent back forthwith with the copy of the
order.
(S.P.GARG)
JUDGE
MAY 20, 2015 / tr
