B.H. MARLAPALLE, J.:- As directed by us vide our order dated 5-5-2006 partly allowing Criminal Application No.4389 of 2005 filed in Criminal Appeal No.38 of 2005, the learned Additional Sessions Judge at Pune has recorded his findings regarding the age of the appellant and has held vide his order dated 13-7-2006 that the appellant could not prove that he was born on 6-7-1983 as claimed by him in Criminal Application in this appeal.

2. The appellant examined in all four witnesses and the prosecution examined two witnesses before the learned Additional Sessions Judge. The witnesses examined by the appellant in support of his case were (i) Bhagwanrao Bhivrao Pawar, Principal of Purandar Jr. Vocational College, Saswad, (ii) Sanjay Haribhau Khedkar, Gram Sevak, village New Kopare where the appellant was born, (iii) Mrs. Shaila Nanasaheb Bhandwalkar, the mother of the appellant and (iv) Mr. Sushant Nanasaheb Bhandwalkar, the younger brother of the appellant. The prosecution on the other hand examined Mr. Sudhakar Bhaiyasaheb Salunke, Head Master of Nav Bharat High School, Shivane and Mr. Ashokkumar Dagdu Kshirsagar, API, Shikharapur, who had inquired into the claim of the appellant regarding his date of birth as per the directions issued by this court in Criminal Application No.4389 of 2005 and submitted an affidavit on 29-8-2005. The first witness of the defence Mr. Bhagwanrao Pawar stated that the appellant had taken admission in Purandar Jr. Vocational College, Saswad on 5-7-1999 on the basis of the school leaving certificate issued by Purandar High School, Saswad and the mark-list of 10th class. The entries in the General Register maintained by the College were based on the school leaving certificate and a duplicate copy of the school leaving certificate so submitted was given by the College to the brother of the appellant and the same was issued on the basis of the entry made in the General Register. It is at Exh.35-R and was issued for the first time on 5-6-2006. The date of birth of the appellant in the said duplicate certificate is shown as 6-7-1983. The witness in the cross-examination admitted that the entries in the General Register were not taken by him and he was not the Principal in the year 1999. The entry was taken by some clerk whose name he could not state. He also admitted that the appellant had appeared for the 12th standard examination but had failed. He also admitted that the appellant was for some time a student of Nav Bharat High School, Shivane while he was studying in the 8th standard, he was not aware about the date of birth of the appellant recorded in the said school. The second witness stated before the trial Court that he was serving as Gram Sevak of village New Kopare between 1991 to 1995 and subsequently from 1-4-2002, whereas in the year 1983 Mr. P.D. Khullam was the Gram Sevak of village New Kopare and he was able to identify the hand writing of Mr. Khullam. He stated that the birth certificate at Exh.35- V was issued by him on the basis of the entries made by Mr. Khullam in the year 1983. The said birth certificate at Exh.35- V is dated 26-5-2006 and it was in respect of Amit Nanasaheb Bhandwalkar and his date of birth recorded in the Birth Register is 6-8-1983. In the cross-examination he admitted that the register brought by him before the court was for the period from 11-11-1970 to 13-3-1981 and he subsequently clarified that it was upto 31-12-1987. He admitted that in the month of July, 1983 there were two entries in the said register and none of them was in respect of Bhandwalkar. Those two entries of July, 1983 were taken on 3-7-1983 and 25-7-1983 and were in respect of one child birth in the family of Shri. Kakade. This witness admitted that the date of birth claimed by the appellant as 6-71983 did not find place in the register maintained by village New Kopare. In the cross-examination he admitted that Entry No. 16 which did not carry the name and address of the person giving the informati

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