ORDER
K.S. Garewal, J.
1. Khushi Mohmmad chowkidar was examined as RW.2
and proved entry of birth of Lawinder Singh son of Bhajan
Singh in his register and its photo copy was placed on the
record as Ex. RW.2/A. Incross-examination the witness
categorically stated that the digit 9 regarding month has
been changed by manipulation to digit 2 and similarly the
date has also been changed to 20 from 2. He also admitted
that against column date of birth the date mentioned is
2.9.1983. This statement appears to be correct as photo
copy of the certificate also shows that what the witness
stated and what the counsel has argued is the correct
position that dated 2.9.1983 has been changed to read as
20.2.1983. The two school certificates relied upon by the
petitioner confirm that he was born on 2.9.1983.
Therefore, the correct date of birth of the petitioner was
September 2, 1983. Court below was in error in holding
that the petitioner was not juvenile on the date on which
occurrence took place i.e. March 20, 1999. In fact on the
date on which occurrence took place, the petitioner was
under 16 years of age and was on all counts a juvenile.
Order of the learned Sessions Judge, Kapurthala is hereby
set aside and it is held that the petitioner
Lavinder Singh alias Sodhi was juvenile on the
date of the occurrence and is entitled to all the benefits
under the Juvenile Justice Act, 1986 as well as the
Juvenile Justice (Care and Protection of Children) Act
2000. Petition is accepted in the terms stated above.
2. Petitioner shall be at liberty to seek bail in
view of his juvenile status having been determined.