V. K. TAHILRAMANI, J.-

Heard the learned Advocate for the petitioner and the learned APP for the State.

2. By this Writ Petition, the petitioner through his father has challenged the order dated 3rd November, 2007 passed by the learned Additional Sessions Judge, Thane. The case of the petitioner is that his son Ashish was a minor when the provisions of the Maharashtra Control of Organized Crime Act (for brevity hereinafter referred to as "MCOC Act") came to be applied to him. The case of the petitioner is that Ashish was born on 3.5.1988. The provisions of the MCOC Act came to be applied on 21.4.2005. At that time, Ashish had not even completed 17 years of age. Hence, it is prayed that as Ashish was a minor at that time, he be released forthwith. Based on the fact that Ashish was a minor other reliefs have been prayed by the petitioner.

3. The petitioner had preferred an application before the learned Sessions Judge stating that Ashish was a juvenile at the time of the offence. In support of his application, he adduced oral as well as documentary evidence. The then learned IIIrd Additional District Judge, Thane rejected the said application on 9.1.2007. Aggrieved by the said decision, the petitioner preferred criminal Writ Petition No. 258 of 2007. The said Writ Petition was disposed of on 8.3.2007. By order dated 8.3.2007 passed by this Court in the said Writ Petition, the order dated 9.1.2007 was set aside and the matter was remanded to the Sessions Court with a direction to consider the application afresh after examining Dr. Chapalgaonkar and any other witness, the petitioner may want to examine. As stated earlier the said application came to be rejected, hence, the present Writ Petition.

4. The petitioner in order to establish the claim in question that Ashish is a juvenile within the meaning of The Juvenile Justice (Care and Protection of Children) Act, 2000 has examined in all six witnesses. They are P.W.l Shri. Vikramajeet Durgaprasad Pandey (Exh.50) who is Headmaster of RTP High School, Devadi, Dombivali. PW 2 Shri. Parbhans Giri (Exh.54) who is Headmaster of Mohili Upper High School, Sakinaka, Mumbai, PW 3 Dr. Pramod Murlidhar Chapalgaonkar (Exh.59), PW 4 Shri. Harinarayan Laitaprasad Tiwari (Exh.61) who is Principal of Hindi Junior College, PW 5 Shri. Janardhan Shankar Yadav. Headmaster of Paspoli Hindi High School (Exh.65) and Applicant himself at Exh.89. On the other hand, prosecution has examined retired ACP Shri. Kashinath Sopan Kachare vide Exh.73.

5. The petitioner has averred that his marriage was solemnized on 1.5.1982. However, as his wife Asha was minor at relevant time, she came to his residence for co-habitation after Gauna ceremony on 11.5.1987. Invitation cards to Gauna ceremony got printed by his father in law, are produced. Petitioner has categorically averred that Ashish is his eldest son and Ashish was born on 3rd May, 1988 at Saki Naka, Mumbai. He stated the delivery of his wife had taken place at his residence in Mumbai, hence, he is unable to produce any certificate from any hospital nor he registered the birth of his son Ashish with concerned municipal authorities. He has relied on horoscope allegedly prepared by one Pandit Ramshankar Tiwari. According to the petitioner, Pandit Tiwari is no more and the horoscope was got prepared by his father at relevant time.

6. Petitioner has stated that he had admitted his son Ashish in Municipal Hindi School, Mohili, Sakinaka Mumbai, in 1st Standard in 1993 and at relevant time, in his application, he had mentioned birth date of Ashish as 3rd May, 1988.

7. During his cross-examination, the prosecution has brought on record that the petitioner is educated up to 3rd standard and used to write application with the assistance of others and he himself finds it difficult to read. He had averred that he only knows the month of his own birth and he is unable to tell exact date of birth of his daughter Gudiya. In such case, it seems difficult to believe that he