When produced before the Court, he raised the plea that he was a child on the date of the companymission of the offence, i.e., 19 2 1988, and thus was entitled to the protection of the Juvenile Justice Act, 1986.
On that premise, other evidence of the appellant disclosing his date of birth likewise mentioned in his LIC policy and matriculate certificate were also rejected.
Orders were passed directing the Magistrate to hold an inquiry under Section 8 1 of the Juvenile Justice Act, 1986 in order to ascertain as to whether the appellant was below 16 years of age on the date of the incident i.e. 19 2 1988 .
The appellant strongly relied upon an entry made in the Register of Births and Deaths Ex.
On the other hand, the plea of the appellant was that his date of birth was 19 11 1972 and was thus below 16 years of age.
The High Court on being approached again in revision rejected the plea of the appellant.
On the other hand, evidence led by the prosecution with regard to the application form filled by the father of the appellant at the time of the latters admission in school was held to predominate and thus the verdict on the question of age went against the appellant.
This appeal is by a young man, Santenu Mitra who faces a trial under Section 302 IPC before the Court of Session.
The Court observed that even though the date of birth of the appellant as recorded in the register was 19 11 1972, since the entry was made sometime between 14 8 1978 and 8 11 1978, it was number companytemporaneous and thus number reliable.
It was maintained by the prosecution that the date of birth of the appellant was 19 11 1971 and hence he was over 16 years of age on the date of the incident.
His plea did number find favour with the Court of Session which led him to approach the High Court in Criminal Revision No.
The learned Magistrate received evidence and examined some witnesses produced by either side.
3 and the supportive evidence of a clerk of the Calcutta Municipal Corporation who had brought such register to the Court.
Heard learned companynsel.
Leave granted.
922 of 1988.
