SIKANDER MAHTO Vs TUNNA @ T.MIAN @ T MIAN @ M ANSARI
Bench: P SATHASIVAM,RANJAN GOGOI
Case number: Crl.A. No.-000511-000511 / 2014
Diary number: 34629 / 2011
Advocates: Mohit Kumar Shah Vs
GOPAL SINGH
Page 1
REPORTABLE
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.511 OF 2014
(Arising out of Special Leave Petition (Crl) No. 9028 OF 2011)
Sikander Mahto . ... APPELLANT (S)
VERSUS
Tunna @ Tunnu Mian @ Tunna Mian @ ... RESPONDENT(S) @ Mobin Ansari & Anr.
J U D G M E N T
RANJAN GOGOI, J.
1. Leave granted.
2. The first respondent Tunna @ Tunnu Mian @ Tunna
Mian @ Mobin Ansari was committed to the Court of
Sessions to face trial for offences under Sections 302/201
and 376 of the Indian Penal Code. The first respondent filed
an application claiming to be a juvenile and in support
thereof he had enclosed a certificate issued by the
1
Page 2
Government Primary Urdu School, Shekhawa, Basantpur,
Block Mainatand wherein his date of birth was mentioned as
15.01.1991. The date of occurrence of the offences alleged
in the present case is 16.11.2006.
3. The learned Trial Court, for reasons not very clearly
stated, recorded the finding that the certificate produced by
the first respondent was a forged one. Accordingly, the first
respondent was sent for medical examination by a Board.
Though the report of the Board was to the effect that the first
respondent was 17 years of age, the learned Trial Court took
the view that the said opinion would admit the possibility of a
variation of 2 years. Consequently, the learned Trial Court by
order dated 24.12.2007 refused to accept the claim of
juvenility raised on behalf of the first respondent.
4. Aggrieved, the first respondent moved the Patna High
Court. By order dated 14.11.2008 the High Court interfered
with the order of the learned Trial Court and allowed the
application of the first respondent herein declaring him to be
a juvenile and to be of sixteen and a half years of age on the
date of alleged occurrence. Challenging the aforesaid finding
2
Page 3
of the High Court, the complainant, who is the father of the
victim of the crime, has approached this Court.
5. A reply has been filed on behalf of the first respondent
in the present appeal wherein reliance has, once again, been
placed on the school certificate issued by the Government
Urdu School Shekhwa, Basantpur, Distt. East Champaran
reference to which has been made earlier. The first
respondent in his reply has also contended that the report of
the medical examination clearly indicates that he was a
minor on the relevant date and that there is no reason as to
why the said medical report should not be accepted.
6. The appellant has been allowed by this Court leave to
bring on record certain documents which, according to the
appellant, have a significant bearing to the issues arising in
the present case.
7. The first document that has been brought on the record
of the present appeal is a letter/certificate dated 3.4.2013
issued by the Principal, Government Primary Urdu School,
Shekhawa, Basantpur, Block-Mainatand wherein it is
mentioned that no student having the name and particulars
3
Page 4
of the first respondent had ever studied in the school in
question and that the certificate issued in the name of the
school is a forged document. The second document is
another certificate issued by the Principal, Government
Primary School, Purbi Paukuahwa, Block-Mainatand, West
Champaran, Bihar which states that the particulars of the
first respondent are entered in the records of the said school
and that his date of birth as mentioned in the school
admission register is 28.11.1985. As the controversy arising
in the present case is capable of being resolved on the basis
of the aforesaid two documents, reference to any other
document would be superfluous and hence is avoided.
8. The first respondent has not filed any affidavit or
objections denying the veracity of the two certificates
referred to above. However, as the Court had to be satisfied
with the authenticity of the said two documents, on
27.01.2014 the following order was passed.
“In order to find out the age of Respondent No.1-accused on the date of occurrence, we direct the Principal, Government Primary Urdu School, Shekhawa, Basantpur, Block- Mainatand, West Champaran, Bihar and
4
Page 5
Principal, Government Primary School, Purbi Paukuahwa, Block-Mainatand, West Champaran, Bihar to appear alongwith the connected original record before this Court on 24th February, 2014.
List on 24th February, 2014”
9. Pursuant thereto the Principal of the two schools
appeared in Court today alongwith the records in original.
The said records would indicate that there is no record of the
first respondent being enrolled or having studied in the
Government Primary Urdu School, Shekhawa, Basantpur,
Block-Mainatand. From the records of the Government
Primary School, Purbi Paukuahwa, Block-Mainatand, West
Champaran, Bihar it is evident that the first respondent had
enrolled himself in the said school on 08.01.1996 and his
date of birth is recorded in the admission register as
28.11.1985. The relevant records placed before this Court by
the Principals of the two schools pursuant to the order dated
27.01.2014 therefore indicates that the claim of the first
respondent to be a juvenile remains unsubstantiated and, in
fact, the records of the school where he was enrolled would
5
Page 6
indicate that his date of birth is 28.11.1985. Properly
calculated with reference to the date of the alleged crime,
the first respondent was aged about 21 years on the relevant
date and therefore he was not a juvenile.
10. We, therefore, cannot sustain the order dated
14.11.2008 passed by the High Court. In the result, we allow
this appeal and set aside the said order dated 14.11.2008
passed by the High Court and restore the order dated
24.12.2007 passed by the learned Trial Court.
...…………………………CJI. [P. SATHASIVAM]
.........………………………J. [RANJAN GOGOI]
NEW DELHI, FEBRUARY 27, 2014.
6