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2010 DIGILAW 754 (DEL)

Sanjay Mishra. v. State (N. C. T. of Delhi)

2010-07-02

A.K.SIKRI, AJIT BHARIHOKE

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1. The appellant vide this application has raised the plea of juvenility and prayed for holding an inquiry under Section 7A of the provision of Juvenile Justice (Care and Protection of Children) Act, 2000 (for short the `Act') to determine the age of the appellant at the time of commission of offence. 2. It is alleged that although an inquiry into the issue of juvenility of the appellant was conducted by the Principal Magistrate, Juvenile Justice Board, Delhi, the Board went wrong in concluding that the appellant Sanjay Mishra was not a juvenile at the relevant time. He submitted that perusal of the impugned inquiry report dated 19th July, 2005 would show that the learned Principal Magistrate has fixed the age of the appellant Sanjay Mishra at the time of occurrence above 18 years on the basis of the medical opinion based upon the ossification test, ignoring the School Leaving Certificates of the appellant issued by C.R. Public School, Nangal Thakran, Delhi and the Govt. Boys Senior Secondary School-II, C-Block, Janakpuri, Delhi, wherein the date of birth of the appellant is shown as 02nd December, 1983, which clearly shows that on the date of commission of offence i.e. 01st March, 2001, the appellant was less than 18 years, thus juvenile. Learned counsel submitted that the basis for ignoring these certificates as apparent from the inquiry report is that the appellant's School Leaving Certificate purportedly issued by Maharshi Dayanand Public School, Ishwar Colony, Bawana was found to be forged. He submitted that if one School Leaving Certificate was not found genuine, the concerned Magistrate was not justified in rejecting the other two School Leaving Certificates also. Thus, learned counsel for the appellant has urged us to accept his prayer in application criminal miscellaneous No. 173/2010 and direct inquiry into the age of the appellant. 3. We do not find merit in this contention. On perusal of the copy of the inquiry report dated 19th July, 2005 annexed to the application, it transpires that the learned Principal Magistrate examined as many as 7 witnesses in the inquiry to fix the age of the appellant Sanjay Mishra. As per the inquiry report, it was found that School Leaving Certificate, purportedly issued by Maharshi Dayanand Public School, Ishwar Colony, Bawana showing the date of birth of the delinquent as 22nd December, 1983, was found to be forged. As per the inquiry report, it was found that School Leaving Certificate, purportedly issued by Maharshi Dayanand Public School, Ishwar Colony, Bawana showing the date of birth of the delinquent as 22nd December, 1983, was found to be forged. This fact was confirmed by Smt. Amit Saxena, Vice-Principal of the school in her statement made in the inquiry. Perusal of the inquiry record reveals that the appellant also claimed to have stusied in Govt. Prathmic Vidyalaya, District Gonda, U.P. Sh. Jaglal, Head Master of that school was examined as CW5 in the inquiry, who produced certificate records of the school to establish that the date of birth of the delinquent as per school record is 22nd December, 1983. Even in that record, number of cuttings and overwriting were found by Inquiry Magistrate. Therefore, in our considered view, the learned Inquiry Magistrate has rightly declined to rely upon that record. As regards School Leaving Certificate issued by C.R.Public School, Nangal Thakran, CW1 Kanwal Prakash, Manager of the school stated that Sanjay Mishra was admitted in their school in VIIth class on the basis of School Leaving Certificate issued by the Principal, Maharshi Dayanand Public School, Ishwar Colony, Bawana. Once it is found that the School Leaving Certificate issued by the said school is forged, then, the entries on the basis of the said School Leaving Certificate made in the record of C.R.Public School, Nangal Thakran cannot be relied upon. 4. Thus, it is apparent that the learned Principal Magistrate, Juvenile Justice Board has rightly rejected the School Leaving Certificates produced on behalf of the appellant and determined the age of the appellant on the basis of the ossification test. Be that as it may, the aforesaid finding of inquiry report dated 19th July, 2005 was not challenged by the appellant. Therefore, in our view, it has become final and the issue cannot be reopened at this late stage. Thus, we do not find any merit in the present application. 5. The application is dismissed accordingly.