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Judgment
Rakesh Ranjan Prasad
Since the petitioner is a minor, defect pointed out by the Office, is, ignored.
I.A. No.615 of 2011
Learned counsel appearing for the petitioner submits that the earlier order dated 14.12.2010 had been challenged by which learned Addl. District Judge, Fast Track Court-VI, Jamshedpur had referred the matter for examination of the petitioner by the Medical Board but now a final order has already been passed vide order dated 05.03.2011 and that order has been challenged through this interlocutory application and, therefore prayer made in the interlocutory application be allowed to be incorporated in the main application.
Prayer made in the I.A. No.615 is, hereby, allowed.
I.A. form part of the main application.
Cr. M.P. No.104 of 2011
Order dated 05.03.2011 passed in Sessions Trial No.346 of 2010 by the learned Addl. District Judge, Fast Track Court-VI, Jamshedpur is under challenge whereby and whereunder the court, did declare that the petitioner is not a Juvenile.
Upon an allegation that this petitioner made an attempt to commit murder of one Bhim Sardar, a case was registered as Sonari P.S. Case No.17 of 2010 under Sections 341/323/324/326/307/34 of the Indian Penal Code.
On the submission of the charge sheet, the case was committed to the court of Sessions and at that stage, the petitioner filed an application for declaring him Juvenile as in other case, he has already been declared Juvenile, taking his date of birth as 02.01.1995.
In support of his case, A.W.-1, Kunj Bihari Sharma, the Headmaster of Dayanand Anglo Vedic Madhya Vidhalaya, Sonari was examined, who produced the Admission Register and proved the relevant entry wherein date of birth of the petitioner was recorded as 02.01.1995. That apart, he also proved his signature over the Transfer Certificate, but the court disbelieved his version and did not accept the date of birth as 02.01.1995 for the reason that the Headmaster, as per his evidence, had not made any inquiry, while putting the date of birth of the petitioner as 02.01.1995 and that the Transfer Certificate was of the later date than the date of occurrence.
The findings given by the learned Sessions Judge, in the facts and circumstances, that the petitioner had already been declared Juvenile, does not seems to be correct, as at the time of Admission in Pre-Primary Class, the Headmaster hardly makes any inquiry over the date of birth of the student what is disclosed by the parent at the time of admission. That apart, the court has also found that it was not paginated but that itself in absence of any other material, never creates doubt over its genuinity.
Accordingly, the order dated 05.03.2011 passed in Sessions Trial No.346 of 2010 by learned Addl. District Judge, Fast Track Court-VI, Jamshedpur is hereby set aside. Consequently, the petitioner is declared to be a juvenile.
In the result, this application is allowed.