In a criminal revision, the High Court dismissed the petitioner's claim of being a juvenile due to lack of authenticated documents. The court disposed of the petition with liberty to submit further evidence to the Trial Court.
Petition disposed of with liberty to move appropriate application before Trial Court with relevant documents to prove age.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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Crl. Rev. No. 508 of 2009 Date of Decision:- 20.5.2009
Sanjay Kumar
.... Petitioner
Versus
State of Punjab
.... Respondent.
Present:- Mr. A.K.Khunger, Advocate, for the petitioner.
M.M.S.BEDI. (J) (Oral)
Vide impugned order the request of Sanjay Kumar that he be declared Juvenile, has been dismissed on account of absence of any authentic documents to prove his age.
Learned counsel for the petitioner has contended that a similar affidavit produced on behalf of co-accused Vikram had been accepted and his case was separated to be decided by concerned Juvenile Court.
In the comments received from the learned Trial Court, it has been reported that on 7.1.2009 Sanjay Kumar produced a copy of the school leaving certificate issued by Principal of Government Senior Secondary School, besides two birth certificates of children of Prema Singh, father of petitioner, showing the date of birth of his son as 17.2.1990 and daughter as 23.5.1992. For this reason the school leaving certificate which has now been relied upon by the petitioner, it has not been treated as authenticated proof of age. The photo copies of the certificates which were produced before the Court have been sent with the report. The certificate issued by the School Education Board on 7.5.2001 reflecting the date of birth of Sanjay Kumar as 2.12.1991 seems to have not been produced before
Crl. Rev. No. 508 of 2009
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the trial Court. It is also pertinent to observe that no birth certificate of the petitioner having been issued by the Registrar of Births has been produced before the trial Court.
In the interest of justice, this petition is disposed of with liberty to the petitioner to move an appropriate application along with relevant documents before the trial Court. The trial Court will, consider all the relevant documents or any other material in accordance with law to arrive at a conclusion whether the petitioner on the day of occurrence was Juvenile or not. It is made clear that in case the petitioner adopts any evasive and delaying tectics, it will be open to the trial Court to dismiss his application by observing any such conduct of the petitioner.
May 20, 2009 tripti
(M.M.S.Bedi) Judge
1 issue framed by the court
Whether the petitioner qualifies as a juvenile given the absence of authenticated proof of age.
Sanjay Kumar
State of Punjab
M.M.S.Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
