IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc.8220-M of 2008
DATE OF DECISION : AUGUST 25, 2008
RAJINDER KUMAR @ MINTU ....... PETITIONER(S)
VERSUS
STATE OF PUNJAB .... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. Baldev Singh, Sr.Advocate, with
Mr.Arshvinder Singh, Advocate, for the petitioner(s).
Mr. HS Brar, DAG, Punjab.
AJAI LAMBA, J. (Oral)
This petition under Section 482, Code of Criminal Procedure,
is directed against order dated 3.9.2007, passed by the Additional Sessions
Judge, Ludhiana. The petitioner, who is an accused, moved an application
with the assertion that he is a juvenile. He sought ossification test. The
prayer was declined.
The core of the issue is as to whether the petitioner was a
juvenile on the date of incident i.e. 11.5.2006.
Learned counsel for the respondent-State has referred to
Annexures R-1 and R-2, which are certificates issued by the School and the
Punjab School Education Board. If the age reflected in the certificates is
taken into account, clearly, the petitioner was not a juvenile on the date of
Criminal Misc.8220-M of 2008 2
the incident.
The petition is, accordingly, dismissed.
August 25, 2008 ( AJAI LAMBA ) Kang JUDGE