- (1.) In compliance of order dated 21.10.2011, the DSP, Talwandi Sabo, Bathinda has filed an affidavit dated 09.1.2012. As per this affidavit the date of birth of petitioner Beant Singh is 12.10.1990. The result card is Annexure R-1, which has been verified from the Principle of Govt. Secondary School, Jaga Ram Tirath (Bathinda).
(2.) Taking the date of birth of the petitioner as 12.10.1990, this Court has no hesitation to come to the conclusion that on the date of alleged incident i.e. 14.7.2007 the petitioner was below 18 years of age and was juvenile. He has faced trial and convicted. Counsel for the petitioner made reference of a judgment passed by this Court in Smt. Ram Dai versus Sudha Chand, 1991 1 RCR(Cri) 320 where an accused was convicted under Section 451 and 354 IPC and had been released on probation.
(3.) Petitioner Beant Singh was convicted by the trial Court under Sections 452 and 354 IPC as under :- U/S 452 IPC To undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/-. In default of payment of fine he shall further undergo imprisonment for 7 days. U/S 354 IPC To undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/-. In default of payment of fine he shall further undergo imprisonment for 7 days. ;