AJAI LAMBA,J. - (1.) THIS petition has been filed under Section 482, Code of Criminal Procedure, for setting aside order dated 18.3.2008 (Annexure P4), passed by the Additional Sessions Judge, Panipat, vide which the application for sending the case of the petitioner to Juvenile Justice Board, has been declined. I have gone through the impugned order. The trial Court has come to the conclusion that the petitioner is more than 19 years of age, for detailed reasons given in the impugned order.
(2.) LEARNED counsel for the petitioner wants this Court to re-appreciate the evidence to come to a different conclusion while exercising jurisdiction under Section 482, Code of Criminal Procedure. Having considered the reasons given by the trial court, I find that no illegality can be traced therein. The trial court has taken notice of the fact that at the time of his arrest on 4.6.2007, the petitioner had disclosed his age as 19 years. The other circumstance that has been taken into account is that the Birth Certificate had not been placed on the record. Only the school certificate has been placed on the record to say that the petitioner was a juvenile on the date of the commission of the offence. Baldev Raj, father of the accused, appeared as AW-3 and stated that Ration Card had been issued, however, the Ration Card has not been placed on the record for consideration of the Court.
(3.) THE parents of the accused could not tell the date of birth of any of other children. This assumes relevance and importance because the petitioner and others are 7 brothers and sisters. In case, the age of other brothers/sisters of the petitioner was given, the court could have considered the veracity of the statement. Even the birth certificates of other brothers and sisters had not been placed on the record.;