R.S. Chauhan, J. - (1.) THE Petitioner is aggrieved by the order dated 29.10.2010 passed by the Principal Magistrate, Juvenile Justice Board, Karauli, whereby the learned Magistrate has declared the Petitioner to be major while determining his age under the Juvenile Justice (Care and Protection of Children) Act, 2000. The Petitioner is also aggrieved by the order dated 01.12.2010 passed by the Additional District & Sessions Judge, Fast Track No. 2, Karauli, whereby the learned Judge has upheld the order dated 29.10.2010.
(2.) MR . S.K. Gupta, the learned Counsel for the Petitioner has vehemently contended that since the certificate issued by the Board of Secondary Education, Ajmer showed the date of birth of the Petitioner as 03.03.1993, the same should have been believed. Therefore, the learned Courts below have committed illegality in taking the Petitioner's date of birth as 18.01.1991. Heard the learned Counsel and perused the impugned orders.
(3.) ACCORDING to the order dated 29.10.2010, when the Petitioner's father went to get the Petitioner admitted in class -I, he showed the Petitioner's date of birth as 18.01.1991. It is only subsequently, that the date has been changed to 03.03.1993. The said date was entered in the Transfer Certificate. Hence, thereafter the said date continued to be his date of birth. The learned Judge appreciated the fact that there are contradictory documents available in the record. However, as the first document shows the date of birth as 03.03.1993 which was given by the Petitioner's father, while getting the Petitioner admitted in the first class, the said date should really be believed. Moreover, the learned Magistrate has noted the fact that even according to the medical report, the Petitioner is said to be between the age of 20 to 22 years. Hence, even if the school documents are disbelieved, the medical evidence, clearly shows that the Petitioner is major.;