JUDGMENT

Ms. Jaishree Thakur, J. - The petitioner seeks to challenge order dated 06.05.2015 passed by Judicial Magistrate 1st Class, Charkhi Dadri, and order dated 06.09.2016 passed by Additional Sessions Judge, Bhiwani, in F.I.R. No. 356 dated 16.12.2014 under Sections 376/511/323/506 IPC registered at Police Station Badhra, by virtue of which respondent-Sunil has been declared to be a juvenile.

2. In brief, the facts are that a FIR came to be registered against a respondent-Sunil, during which proceedings an application was preferred for declaring respondent-Sunil as a juvenile. It was contended that on the date of occurrence i.e 16.12.2014, the respondent-Sunil was a juvenile. In support of this argument, the father of the accused appeared as a witness and filed Matriculation Certificate of the accused which would reflect his date of birth as 15.01.1998. Whereas, the prosecution relied upon a Birth Certificate reflecting the date of birth to be 07.12.1996, while contending that the accused ought to be tried as a major.

3. The Judicial Magistrate, Ist Class, Charkhi Dadri, by impugned order dated 06.06.2015 held the accused to be a juvenile at the time of alleged occurrence which