(A.K. Sikri and R.K. Agrawal, JJ.)
Mukarrab etc. _________________________________ Petitioner(s)
v.
State of U.P. ___________________________________ Respondent
Petition(s) for Special Leave to Appeal (Crl.) No(s). 6753-6755/2014, decided on April 6, 2016
The Order of the court was delivered by
Order
1. We have perused the report of the Additional District and Sessions Judge, Court No. 8, Moradabad dated 28.10.2014. On going through the same, it becomes clear that the documents which were produced on behalf of the petitioners – Mukarrab and Arshad were not found to be of any credence and in fact, the learned counsel for the respondent-State has even gone to the extent of saying that they appear to be forged documents. The report also reveals that there is no Municipal or village Panachayat record showing the date of birth of the aforesaid two accused persons. They have studied up to 5th/8th standard only and, therefore, there could not be High School or any equivalent certificate of any school. The learned counsel for the respondent-State had summoned the school records of the school where these two accused persons had studied up to 5th/8th standard. However, on going through the report as well as the objections filed there against, some doubt is created about the genuineness of the said report as well. We find that there is no document from which the date of birth of the aforesaid two accused persons could be ascertained. In these circumstances, the only alternative is to get the ossification test done of the petitioners – Mukarrab and Arshad to ascertain their age. Both the accused persons are lodged in Mathura and Hardoi jails which places are not far away from Delhi. Accordingly, it would be in the fitness of things that the medical examination to ascertain the age of these two accused persons is done by the duly constituted Medical Board of the All India Institute of Medical Sciences, New Delhi.
2. Let the medical examination be conducted within six weeks from today. For this purpose, the jail Superintendent shall depute some jail officials who would take the accused persons to All India Institute of Medical Sciences, New Delhi for medical examination.
3. Learned counsel for the State shall bring this order to the notice of the jail Authorities so that necessary steps are taken by them.
4. A copy of this order shall also be sent to the Director, All India Institute of Medical Sciences, New Delhi forthwith for constituting the Medical Board for the above said purpose.
5. Expenses shall be borne by the State.
6. List the matters in July, 2016.
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