KANWALJIT SINGH AHLUWALIA,J. - (1.) The present petition has been preferred under Section 53 of Juvenile Justice (Care and Protection Children) Act, 2000 read with Section 397 and 401 Cr.PC. assailing the order dated 07.02.2013 passed by Special Judge SC/ST (Prevention of Atrocities Act), Jaipur whereby he has rejected plea of the petitioner to declare him a juvenile in conflict with law. Learned counsel for the petitioner submitted that undisputedly, as per the matriculation certificate issued by the Board of Secondary Education, Rajasthan, Ajmer, date of birth of the petitioner in matriculation certificate is recorded as 27.05.1995. It is contended by learned counsel for the petitioner that the court below has committed a grave error in relying upon the record of the school first attended to hold the date of birth of the petitioner as 20.07.1993. I have perused the impugned order passed by Special Judge SC/ST (Prevention of Atrocities Act) 1989. In the impugned order, the court below has taken great pains to discard matriculation certificate on the basis of evidence produced by both the parties. The court below held that the matriculation certificate contains incorrect date of birth, as at the time when the petitioner was admitted to the school for first time, the parents had divulged the date of birth as 20.07.1993. However, this court is of view that while holding an enquiry regarding the determination of the date of birth of the petitioner, the court below has not taken in consideration Rule 12(3) of the Juvenile Justice (Care and Protection of Children) Act 2000.
(2.) The Rule 12(3) reads as under "(3) In every case concerning a child or juvenile in conflict with law, the age determination inquiry shall be conducted by the court or the Board or, as the case may be, the Committee by seeking evidence by obtaining - (a) (i) the matriculation or equivalent certificates, if available, and in the absence whereof, (ii) the date of birth certificate from the school (other than a play school) first attended, and in the absence whereof, (iii) the birth certificate given by a corporation or a municipal authority or a panchayat, (b) and only in the absence of either (i), (ii) or (iii) of clause (a) 5 above, the medical opinion will be sought from a duly constituted Medical Board, which will declare the age of the juvenile or child. In case exact assessment of the age cannot be done, the Court or the Board or, as the case may be, the Committee, for the reasons to be recorded by them, may, if considered necessary, give benefit it to the child or juvenile by considering his/her age on lower side within the margin of one year. And, while passing orders in such case shall, after taking into consideration such evidence as may be available, or the medical opinion, as the case may be, record a finding in respect of his age 1 and either of the evidence specified in any of the clauses (a) (i), (ii), (iii) or in the absence whereof, clause (b) shall be the conclusive proof of the age as regards such child or the juvenile in conflict with law."
(3.) The above rule specifically states that in the absence of the matriculation certificate, the date of birth from the school first attended is to be taken in consideration. The rule gives order of precedence to the documents which are to be taken into consideration. Where matriculation certificate, is available, there is no need for the court to hold an enquiry to say that the matriculation certificate contains incorrect date of birth. As per the rule 12 (3), date of birth given in the matriculation certificate supersedes the date of birth given before the authorities, i.e. first school attended, or record maintained by the Registrar of birth or deaths. Since the court below could not sit in judgment over the date of birth given in the matriculation certificate, the impugned order cannot be sustained and the present petition is accepted, consequently the impugned order is set aside. The date of birth given in the matriculation certificate i.e. 27.05.1995 shall be taken into consideration to determine the juvenility of the petitioner. Final Result : Allowed;