This petition challenged the High Court's reference order directing a juvenile inquiry, relying on a Forensic Medicine certificate stating the petitioner was over 21. The Court rejected this, accepting the trial court's finding that the petitioner was 24 years old, thus dismissing the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.3013 OF 2009
Digambar Vithal Gogre. ..Petitioner. Versus The State of Maharashtra. ..Respondent.
Ms.Rebecca Gonsalves, Advocate for the petitioner. Mrs.M.M.Deshmukh, A.P.P. for the State.
CORAM : D.B.BHOSALE & A.R.JOSHI, JJ.
DATED : 6TH APRIL, 2010
P.C.
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of juvenility of the petitioner in accordance with law. In view of this order, the Additional Sessions Judge, Raigad-Alibag conducted an enquiry in accordance with law. In the course of enquiry, it appears that the learned Judge recorded statements of Digambar Vithal Ghogare i.e. the petitioner, his mother Smt.Anusaya vithal Ghogare, his sister Smt.Tai Gopal Waghmare, his nephew Nilesh Parshuram Ghogare and Headmasters of Ashramshala Shri.Lahu Dhau Bhoir and Shri.Shantaram Ramdas Bobade. It further appears that in the course of inquiry the age certificate of the petitioner issued by the Ashramshala, so also the other relevant record was produced before the learned Sessions Judge. After having considered the entire evidence on record including the depositions of the witnesses, so also the submissions of the learned Counsel for the parties, the learned Judge recorded his finding that the age of the petitioner on 6.9.1999 was 24 years, 3 months and 5 days and that he was not juvenile as on the date of incident i.e. 6.9.1999.
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of the petitioner but it was of one Digambar Vithal Patade, resident of village Umbre, Taluka – Khalapur, Kulaba. The name of the petitioner is Digambar Vithal Ghogare.
(A.R.JOSHI,J.)
(D.B.BHOSALE,J.)
2 issues framed by the court
Whether the petitioner was a juvenile on the date of the offence despite an age certificate stating he was above 21 years.
Whether the finding of the trial court regarding the petitioner's age should be accepted in view of discrepancies in school records.
Digambar Vithal Gogre
The State of Maharashtra
D.B.BHOSALE
A.R.JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
