1
Mukesh vs. The State of Rajasthan
S.B.Cri. Revision Petition No.485/2008
Date of Order : 03.12.2008
HON'BLE MR. MANAK MOHTA, J.
Mr.Sandeep Mehta for the petitioner/s.
Mr.L.R.Upadhyaya , Public Prosecutor.
Heard.
The instant revision petition has been filed against the
order dated 01st March 2008 passed by the Special Judge,
NDPS Cases, Chittorgarh , by which the learned Judge has
refused to declare accused petitioner to be a juvenile.
For the disposal of this revision petition, in brief, the facts
of the case are that on 24.02.07, 66 kgs. and 200 gms. of
opium was alleged to be recovered from the present petitioner
and other co-accused and on that basis, a case under section
8/18 NDPS Act, was registered and after investigation challan
against both the accused persons, was filed in the court of
2
Special Judge NDPS cases, Chittorgarh where an application
under section 14 read with section 49 of the Juvenile Justice
Act 2000 was filed for declaring the present petitioner Mukesh
as a juvenile. It is further stated in the application that on the
day of alleged incident , i.e. on 24.02.07, the petitioner was
below the age of 18 years. It was stated that his date of birth
is 12.12.1989. Therefore, on that day he was only 17 years
and three months. On the basis of facts disclosed, it was stated
that he be declared juvenile and the case be directed to be
proceeded accordingly.
The learned trial Judge, after hearing both the parties,
did not find the present petitioner a juvenile, on the basis of the
filed documentary evidence and rejected the application vide
order dated 01.03.08, against that order the present revision
has been filed by the accused petitioner.
During the course of arguments, learned counsel for the
petitioner reiterated the grounds stated in the revision, as well
as contended before the learned trial court and submitted that
with regard to his date of birth, the petitioner has produced
3
before the trial court the last Transfer Certificate, Ex.1, given by
the School Authority in which the date of birth has been
rightly shown to be 12.12.1989. The trial court should have
acted upon and should have declared him as a juvenile but it
was stated that wrongly the trial court has rejected his
application.
On the other hand, learned Public prosecutor, refuted the
contention and submitted that the trial court has rightly come to
the conclusion that Ex.1 is not a genuine document. From the
side of prosecution, NAW/1 Shyam Singh has been produced
in evidence and he has also produced the documentary
evidence by which the date of birth of the petitioner shown
in the record (Ex.NA1) of the primary school was 12.12.88. It
was also contended that the petitioner has not been able to
prove as to how this date is incorrect and the date shown in
Ex.1 as 12.12.89 is correct. He has not been able to prove the
date of birth of 12.12.89. On the basis of these submissions, it
was prayed that the revision may be dismissed.
I have considered the rival submissions and perused
4
the impugned order.
The petitioner before the trial court has produced Ex.1,
T.C. of the Higher Secondary School, Jeevanayak Ka Kheda,
Chittorgarh. But Ex. 1 is based on the information of other
documents. The petitioner has not been able to prove the T.C.
issued on 12.07.00 by concerned School at Jeevanayak Ka
Kheda, Chittorgarh as on that basis further date of birth had
been entered. The father of the petitioner AW/3 Fateh Lal has
stated that the boy got education from the Government
Primary School, Jeevanayak Ka Kheda , Chittorgarh and after
completion of study he got TC from that school. The learned
lower court, after considering relevant material , thus has
rightly concluded that he has not been able to prove his age to
be below 18 years on the day of incident. There is no infirmity
or illegality in the said order. The contention raised in support of
this revision petition are not having force and are liable to be
rejected.
On the basis of aforesaid discussion, the revision petition
is dismissed, the order of the learned lower court is confirmed.
5
(MANAK MOHTA), J.
l.george