A bench of justices DY Chandrachud and MR Shah noted that there is an 'obvious discrepancy' in the date of birth of the petitioner which has been indicated in figures and in words in the certificate
Supreme Court. File Pic
A man who is serving a life term in a case of murder of a woman has claimed before the Supreme Court that he was a juvenile at the time of the incident in April 2001.
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The apex court, which was hearing a plea filed by the man challenging the Calcutta High Court verdict upholding his conviction and sentence in the case, was told by his counsel that the petitioner seeks to raise the plea of juvenility, though for the first time, in the court based on a certificate issued by the headmaster of a school in Odisha's Bhadrak district on February 19 this year.
A bench of justices DY Chandrachud and MR Shah noted that there is an "obvious discrepancy" in the date of birth of the petitioner which has been indicated in figures and in words in the certificate. The top court directed the sessions judge of Bhadrak district to ensure that the original school record along with the certified photocopies for the period in question is obtained from the school and is made available to the court.
"The sessions judge shall also record the statement of the headmaster of the school and forward it to this court. The sessions judge shall verify from the headmaster whether the certificate dated February 19, 2021, was issued by him and if so, on what basis it was issued," the bench said in its order passed last week. The bench noted the certificate indicates in figures that the date of birth of the petitioner in the school record is May 20, 1984, while in words it is mentioned as July 20, 1984.
"There is an obvious discrepancy between the date of birth which has been indicated in figures and in words as noted above. However, the submission which has been urged is that in either view of the matter, on the date of the incident (April 17, 2001), the petitioner would be a juvenile," the apex court noted in its order.
It said the sessions judge shall submit his report together with the documentary material and statement of the headmaster within four weeks from the date of receipt of a certified copy of this order.
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The bench has posted the matter for hearing on September 20. The man was convicted and sentenced for the offences under various sections of the Indian Penal Code, including 302 (murder), by a trial court in March 2004. The high court had in September last year dismissed his appeal and upheld the conviction.
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