SURENDER SINGH ALIAS CHHINDI Vs. STATE OF U T CHANIDGARH
LAWS(P&H)-2006-5-56
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 08,2006

SURENDER SINGH ALIAS CHHINDI Appellant
VERSUS
STATE OF U.T.CHANIDGARH Respondents

JUDGEMENT

MEHTAB S.GILL, J. - (1.) This is a criminal revision field by Surender Singh alias Chhindi challenging the impugned order dated 20.5.2005 passed by the Additional Sessions Judge, Chandigarh Annexure P-1. Petitioner has stated in this revision that he is a juvenile as defined in the Juvenile Justice (Care and Protection of Children) Act, 2000 which came into force on 1.4.2001. The occurrence had taken place on 16.7.2000. After the case was committed to the Court of Sessions, petitioner moved an application that his age is below 16 years as his date of birth as per the School Leaving Certificate is 10.4.1986.
(2.) After hearing the arguments, the Additional Sessions Judge, Chandigarh sent the case of the petitioner to the Juvenile Court for holding an enquiry regarding the age of the petitioner. After taking into consideration the School Leaving Certificate Annexure A-1 and the report of the Ossification test sent by the Medical Superintendent, General Hospital, Sector 16, Chandigarh, it was held that the petitioner was more than 15 years of age on the date of commission of the offence. Thus, he was not entitled to the benefit of Juvenile Justice (Care and Protection of Children) Act, 2000 vide order dated 30.8.2001 Annexure P-2. Petitioner filed an appeal in the Court of Sessions Judge, Chandigarh which was dismissed on 2.11.2002 on the ground of limitation. Petitioner filed Criminal Revision No.2240 of 2002 in the High Court and this Court vide its order dated 23.10.2003 condoned the delay in filing the appeal and directed the Sessions Judge, Chandigarh to decide the case of the petitioner on merits. The case was remanded back.
(3.) After leading evidence, the Additional Sessions Judge, Chandigarh passed the impugned order and affirmed the findings of the Juvenile Court and dismissed the appeal of the petitioner on merits. Against this order, the petitioner has now filed this revision.;


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