Judgment M.M.Aggarwal, J. 1. This is a petition against order dated 31.8.2005 of Sessions Judge, Ferozepur whereby application of the accused-petitioner for treating him as juvenile was rejected. 2. The date of occurrence is 20.6.2001. The deceased in the case is wife of the petitioner. 3. According to the petitioner, he was less than 18 years and was a juvenile on the date of occurrence as per provisions of Juvenile Justice (Care and Protection of Children) Act, 2000. 4. On behalf of the petitioner, a certificate issued by Registrar of Births and Deaths Ferozepur had been produced showing the date of birth to be 21.6.1983. However, ossification test was conducted and it was reported that age was between 18-1/2 and 21 years. It came out that petitioner had married the deceased two years before occurrence and even had got a female Child born. 5. The Sessions Judge Ferozepur found that witnesses produced in support of the birth certificate Ex. D-1 had not clearly stated as to on which date petitioner was born and that the birth was registered on 1.7.1983. He also found that a person cannot marry before 21 years and since petitioner was married two years before the occurrence, he cannot be treated to be juvenile. 6. In this case, there is certificate issued by Registrar of Births and Deaths Ferozepur showing Paramjit Singh son of Chiman Singh having born on 21.6.1983. This birth had been registered on 1.7.1983. The witnesses Chiman Singh and Jagtar Singh and Pahlo who appeared before the Sessions Judge in the enquiry about the age of the petitioner, had stated that Paramjit Singh was born at 10/11 P.M. in the month of Harrh but Sessions Judge did not place reliance on the ground that year of birth was not mentioned by those witnesses. The witnesses could not possibly give exact date of birth after so many years of the birth but when the birth had been registered in the office of Registrar of Births and Deaths as far back as on 1.7.1983 and name of the petitioner is mentioned as child born on 21.6.1983, then this has to be taken as a conclusive proof of the date of birth of the petitioner. The ossification test or any other circumstance of his having married two years earlier will not weigh.
The ossification test or any other circumstance of his having married two years earlier will not weigh. Now taking the date of birth of the petitioner to be 21.6.1983, he was juvenile as on the date of offence which took place on 20.6.2001. Under these circumstances, order dated 31.8.2005 of Sessions Judge, Ferozepur is set aside. Petitioner is held to be juvenile and shall be tried in accordance with provisions of Juvenile Justice (Care and Protection of Children) Act, 2000.