Sanjay @ Sanju vs State of Haryana

Jitendra Chauhan, J.—The present revision petition has been filed by the petitioner challenging the order dated 18.5.2011, passed by the learned Additional Sessions Judge, Kurukshetra, whereby, the prayer of the petitioner to declare him juvenile was rejected. The learned counsel for the petitioner refers to Rule 12(3) of the Juvenile Justice Rules, 2007, and states that preference has to be given to the school certificate in the absence of any other evidence. The learned counsel contends that as per the school leaving certificate issued by the Principal, Government Primary School, Fauji Group, Kurukshetra, the date of birth of the petitioner is 02.04.1993.

On the other hand, the learned counsel for the State has opposed the prayer.

Heard.

The mother of the petitioner, Santosh, AW1, appeared and specifically stated that she got married about 22 years ago and Sanjay was born to her a year thereafter. Though the school leaving certificate is on record, but in the face of the clear statement of the mother of the petitioner, no further corroboration is required. She is the best witness in this regard. Otherwise also, the date of marriage and the birth of the first child in the family are the occasions of special importance and never to be forgotten. Moreover, AW-1, Santosh, is not a person of ripe age, who tend to forget the events on account of old age.

In view of the above, the present revisions petition is dismissed, being devoid of any merit. Consequently, CRM No. 71420 of 2011 for condonation of delay is also dismissed.