JUDGMENT :

1. Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2. The applicant has claimed that he was a juvenile on the date of the alleged incident. He moved an application before the learned Judicial Magistrate First Class, Degloor, District Nanded. Learned Magistrate, by his order dated 12.09.2021, rejected the prayer of the applicant. Hence, the applicant approached this Court under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (For short, “J.J.Act”).

3. Learned counsel for the applicant would submit that the prosecution has relied on the school admission register to ascertain the date of birth of the applicant. As per the said register, his date of birth is 22.11.2004. The alleged offence was committed between 07.07.2020 to 10.09.2021. Therefore, the applicant was a juvenile on the date of the alleged incident. She would argue that the learned Magistrate has erred in law in receiving the birth certificate issued by the Municipal Corporation, Nanded. The learned Magistrate also committed the error of law in rejecting the application on the grounds that the applicant has preferred an application to correct