R.P.NAGRATH, J. - (1.) PETITIONER is facing trial in FIR No. 67 dated 03.05.2011 for offences under Sections 363, 366 and 376 of Indian Penal Code (IPC). He filed an application before the trial Court for declaring him juvenile in conflict with law.
(2.) IT was stated that date of birth of the petitioner was 02.11.1993 as per the Middle Class Examination Certificate issued by the Board of School Education, Haryana. The version of the prosecution was that the petitioner wrongly mentioned his date of birth as 02.11.1992 in the school record which in fact is 02.11.1993 and reliance was placed upon certified copy of birth certificate mark 'A' issued by Registrar (Births and Deaths). Being certified copy of the record, it was per se admissible. The petitioner led evidence by examining Headmaster of the School as AW -2 where he studied and his father Om Parkash as AW -1. Relying upon the birth record issued by the Registrar (Births and Deaths), learned trial Court rejected his application vide the impugned order. It was vehemently contended by learned petitioner's counsel that learned trial Court has not applied the correct principle of law as per provisions of Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'J.J. Act') and the rules framed thereunder.
(3.) FATHER of the petitioner as AW -1 stated that the petitioner was born on 02.11.1993 and that his birth was not recorded with Chowkidar of the village. The petitioner was born in village Baliyali, District Bhiwani.;