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2022 Supreme(P&H) 998

AVNEESH JHINGAN
Vikas – Appellant
Versus
State Of Haryana – Respondent


Advocates:
Mr. Sandeep Kumar, Advocate for Mr. Vikarm Singh, Advocate, for the Appellant; Mr. Gurmeet Singh, AAG, Haryana. Mr. S.N. Saini, Advocate, for the Respondent.

JUDGMENT

Avneesh Jhingan, J. (Oral) - This criminal revision is filed aggrieved of impugned order dated 20.7.2021 whereby the Additional Sessions Judge, Panipat had declared Vishal s/o Ram Mehar as juvenile.

2. Brief facts of the case are that FIR was got registered at the instance of Vikas. It was alleged that on 26.10.2020, the complainant along with his cousin brother and brother saw that Jai Narayan alias Goli, Vishal and 3-4 other boys were beating Ankit-brother of the complainant. Vishal gave a knife blow and two other boys inflicted injuries with leg blows, fists and belts.

3. During the pendency of the proceedings an application was filed for declaring Vishal as juvenile. Reliance was placed upon birth certificate, Aadhaar Card and Ration Card to establish that Vishal was below eighteen years on the date of incident.

4. Learned counsel for the petitioner submits that Aadhaar Card and Ration Card are not proof of date of birth. He argues that birth certificate was procured after filing of the challan. The contention is that birth certificate was issued after sixteen years. Reliance is placed upon Section 13 of The Registration of Births and Deaths Act, 1969 (for short 'the RBD A

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