Crl.M.(Bail)No.468/2012

This application has been premised on a plea of juvenility set up by appellant no.3 Imran Khan s/o Abdul Waheed. Appellant no.3 was charged with commission of offence under Section 302 of the Indian Penal Code with regard to an incident occurred on 8th October, 2008. Appellant no.3 has set up a plea in this application that his date of birth is 17th June, 1991 and, therefore, Fi is age as on the date of incident was about 17 years and 4 months. In this regard, reliance has been placed on copy of a certificate issued by the Government of Uttar Pradesh on 11th February, 2011. Learned APP for the State submits that this document has been issued on the information submitted by the mother of the appellant during the pendency of the appeal and, therefore, does not deserve any credence.

2. The State has relied on an extract of a register purporting to be an extract from the record maintained by the Nagar Nigam Prathmik Vidyalaya, Johari Pur-11, Delhi -110 094 where appellant no.3 was alleged to have studied between 10th April, 1996 to 3rd April, 2001 certifying that the appellant was born on Ist April, 1990. This entry in the extract of a register is also b