ARNIT DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) On 5-9-1998, Crime No. 574/98 under Section 302, I.P.C. was registered at P.S. Kadamkuan, Patna. According to the FIR, one Abhishek was shot dead on that day. On 13-9-1998 the petitioner was arrested in connection with the said offence. On 14-9-1998 the petitioner was produced before the Additional Chief Judicial Magistrate, Patna who after recording his statement under Section 164 of the Code of Criminal Procedure remanded him to Juvenile home, Patna. The petitioner claimed to have been born on 18-9-1982 and therefore a juvenile, entitled to protection of The Juvenile Justice Act, 1986, (hereinafter 'The Act' for short). The petitioner's claim was disputed on behalf of the prosecution. The A.C.J.M. directed an enquiry to be held under Section 32 of the Act. The petitioner was referred to examination by a Medical Board. On receipt of the report of the Medical Board and on receiving such other evidence as was adduced on behalf of the petitioner, the A.C.J.M. concluded that the petitioner was above 16 years of age on the date of the occurrence and therefore was not required to be tried by a Juvenile Court. The finding has been upheld by the Sessions Court in appeal and the High Court in revision. The petitioner has filed this petition seeking leave to appeal.

(2.) Leave granted.

(3.) Two questions have arisen for consideration. Firstly, by reference to which date the age of the petitioners is required to be determined for finding out whether he is a juvenile or not. Secondly, whether the finding as to age, as arrived at by the Courts below and maintained by the High Court, can be sustained.