- (1.) Leave granted. The sole accused is the appellant herein. The challenge is to the judgment of the High Court of Delhi in Crl.A.669/1999 dated 07.01.2011 by which the conviction and sentence of rigorous imprisonment for a period of five years imposed on the appellant for an offence punishable under Section 307, IPC and a fine of Rs.200/- with a default sentence of further rigorous imprisonment for 15 days came to be confirmed.
(2.) At the time of filing of the Special Leave Petition in this matter, the point raised was that the petitioner (appellant) was a juvenile on the date of commission of the offence and reliance was placed upon the School Leaving Certificate issued by the Principal/Head Master of Primary School, Chitayan, Distt. Mainpuri, Uttar Pradesh. The date of birth of the petitioner was noted as 01.12.1981. The alleged offence was stated to have been committed on 11.03.1998 and if the date of birth noted in the certificate is found to be true, the petitioner would have been 16 years 3 months and 10 days on the date of incident, namely, 11.03.1998.
(3.) On hearing the learned counsel for the appellant, by an order dated 01.08.2011, while taking the said certificate on record, since for the first time such a claim was raised, the District and Sessions Judge, Itawa, Uttar Pradesh was directed to summon the Principal along with the original admission/School Leaving Registers and was directed to submit a report. Thereafter a report was received from the District and Sessions Judge, Itawa stating that prima facie the date of birth of the appellant appeared to be 01.12.1981. However, after examining the original records forwarded by the learned District Judge, Itawa, it was noticed that the report was not a full-fledged one.;