Vikas @ Sonu vs State Of Nct Of Delhi on 9 November, 2011
4. From the above, it is seen that on the one hand there was a
report submitted by the SHO verifying from the Principal of the
school about the age of the petitioner being 4.9.1993 as per
school record and on the other hand there was a report of District
Basic Education Officer dated 28.3.2009 stating therein that the
school leaving certificate issued by the principal of the school
showing the date of birth of the petitioner to be 4.9.1993 to be a
forged and fabricated document. Then there was also a report of
ossification test mentioning the age of the petitioner to be over
20 years. Learned ASJ proceeded to record that the report of
District Basic Education Officer appears to be genuine and more
authentic than the report of constable Inder Raj submitted by the
SHO. The submission of learned counsel for the petitioner was
that there was no reason or basis for learned ASJ to rely upon the
report of District Basic Education Officer and to discard the
Crl. MC No.1108/2010 Page 4 of 9
verification report submitted by the SHO after verifying the date
of birth from the principal of the school. He also submitted that an
inquiry was required to be conducted by the concerned court
before recording the finding as regards the juvenility of the
petitioner. The learned counsel for the petitioner relied upon the
judgment of this Court in Puneet Vasudeva v State [2009(2)
JCC 1415].