Delhi District Court
Shri Satbir vs The State on 21 January, 2012
1
IN THE COURT OF MR. UMED SINGH GREWAL
ASJ/SPECIAL JUDGE (NDPS): OUTER DISTRICT
ROHINI COURTS: DELHI
Criminal Appeal No. 13/2011
Shri Satbir
S/o Shri Dharam Pal
R/o Jhuggi No.224, Indra, JJ Camp
Sector3, Rohini, Delhi85.
... Appellant
Versus
The State
Govt. of NCT of Delhi
Delhi.
...Respondent
Date of Institution: 01102011
Date of conclusion of Arguments: 20012012
Date of pronouncement of Judgment: 21012012
JUDGEMENT:
1. Appellant is aggrieved by the order dated 01032011 of Mr. Ajay Singh Shekhawat, ld. MM, Rohini Court, Delhi vide which he declared accused Ramesh s/o Rajesh juvenile.
2. Accused is alleged to have committed offence u/s 363/ 366/376/120B/34 IPC on 3182010. He moved an application on 131010 in MM Court for declaring him juvenile. On 110211 the Magistrate directed the IO Nirmala Sharma to file fresh report verifying the age of the accused. On 190211 IO filed the age verification report alongwith photocopy of admission card of Satbir v. State page 1 of 3 2 accused, affidavit of his father showing his date of birth as 229 1992. The Magistrate summoned the principal of the said school for recording his/ her statement. On 24022011 Smt. Kalawati Kesri, Principal M.C. Primacy School, Sector3C, Rohini brought the original admission form of accused Ramesh Kumar, original affidavit of his father Rajesh in which date of his birth was written as 2291992. on the strength of these documents ld.MM declared the age of the accused as 2291992 i.e. 17 years 11 months and 8 days on the date of commission of crime and hence juvenile.
3. Ld. counsel for appellant argued that his client came to know from reliable source that accused Ramesh was first admitted by his father Rajesh in Sanskar Ashram, Narela in 1997 mentioning his date of birth as 0291989. He went to that Ashram and record clerk showed him the record in which his date of birth was mentioned as 0291989. Then his client moved an application under Right to Information Act, 2005 in school for getting admission form of accused, his father's affidavit and other documents. His that application was dismissed by that school u/s 8(1) (H)&(J) of the said Act saying that the information was personal one.
4. Reply by that Sanskar Ashram shows that it is in possession of some record about the date of birth of the accused. No opportunity was given by MM court to the appellant to adduce Satbir v. State page 2 of 3 3 evidence on her behalf. So, the impugned order is setaside and the Trial Court is directed to decide the juvenility of the accused Ramesh afresh after taking evidence from the side of the complainant. Copy of this judgement be sent to the trial court. TCR be sent back. Appeal file be consigned to recordroom. Announced in the open Court On this 21st day of January, 2012.
(UMED SINGH GREWAL)
ASJ/Special Judge (NDPS)
Outer Distt: Rohini Courts: Delhi
Satbir v. State page 3 of 3