Dabbu @ Deepak @ Anand Praksh vs State Of M.P.
2023 Latest Caselaw 776 MP

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
             HON'BLE SHRI JUSTICE ROHIT ARYA
                             &
       HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                     ON THE 12 th OF JANUARY, 2023
                 CRIMINAL REVISION No. 1658 of 2020

BETWEEN:-
DABBU @ DEEPAK @ ANAND PRAKASH S/O
MURARILAL SHARMA AGED -33 YEARS, R/O VILLAGE-
BIRAGAVA, POLICE STATION- PAVAI, DISTRICT- BHIND
AT PRESENT:- ASHOK NAGAR, ATER ROAD, BHIND
(MADHYA PRADESH)

                                                                 .....APPLICANT
(BY SHRI RAJKUMAR SINGH KUSHWAH-ADVOCATE)

AND
STATE OF M.P. THROUGH POLICE STATION PAVAI,
DISTRICT BHIND (MADHYA PRADESH)

                                                               .....RESPONDENT
(BY SMT. ANJALI GYANANI-PUBLIC PROSECUTOR)

      Th is revision coming on for admission this day, JUSTICE ROHIT

ARYA passed the following:
                                    ORDER

This Criminal Revision is directed against the order dated 06.03.2020 passed by the Trial Judge in S.T. No.347/2000, whereunder the Trial Court decided the application filed before it under Section 27 of Cr.P.C.

The Trial Judge conducted an enquiry and found that the applicant is not a juvenile for the reasons that the mark-sheets of class 6th and 7th attached with the application allegedly issued by Mahakaleshwar School Bhind were found to be false and fabricated.

The evidence of director of Mahakaleshwar Middle School, Bhind, Shri Amit Dubey as well as that of Principal, Government Boys Primary School Mihona were recorded. Petitioner had taken admission in the Mahakaleshwar School in class 5th on 23.08.1995, on the basis of transfer certificate allegedly issued by Primary School Mihona, wherein his date of birth is mentioned as 18.07.1986, admission number as 275 and date of admission as 04.07.1991. However, in this regard, Dinesh Kumar Pachauri, Principal of Primary School Mihona has categorically deposed that petitioner had not taken admission in his school on 04.07.1991. He had also brought admission register of the corresponding year with him wherein admission No.275 did not find place. In

view of aforesaid, learned Trial Judge after detailed discussion on the oral and documentary evidence placed on record, recorded an impeccable finding that the applicant had failed to prove that he was a juvenile on the date of the commission of the offence.

Learned counsel for the appellant while taking exception to the impugned order submits that even if, the applicant failed to discharge the burden of proving the age to be that of a juvenile, still the Trial Judge ought to have referred him for ossification test and relied upon the judgment dated 26.10.2018 passed by the Single Bench of the Delhi High Court in Criminal Revision Petition No.311 of 2017 (Krishan Kumar Vs. State and Another).

After hearing learned counsel for the applicant and upon perusal of the impugned order as well as the judgment cited, we are of the view that although the findings recorded by the learned Trial Judge are impregnable in nature regard being had to the evidence brought on record, however, in terms of the

mandate contained in proviso appended to Section 9(2) referable to Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015, we deem it expedient to modify the impugned order and direct that in terms of Section 94(2)(iii) of the Act, the Trial Judge shall ensure ossification test for determination of age of the applicant and thereafter proceed in accordance with law.

Accordingly, the Criminal Revision is disposed of.

   (ROHIT ARYA)                                                (SATYENDRA KUMAR SINGH)
      JUDGE                                                             JUDGE
Aman
  AMAN TIWARI
  2023.01.13 11:12:37
  +05'30'