(1.) This Court had, on the previous date of hearing, directed the police to verify the Certificate issued by the Government School Pilkhi, PS Sakra, District Muzaffarpur, Bihar, which states that the Appellant's date of birth is 09.09 1974. The document had been issued on 03.02.1988. The learned APP has produced the. verification report. The report encloses the duly attested copy of the Certificate produced by the Appellant as well as the statement of one Mr. Ram Narayan Mishra, the Head Master of Government Middle School. The status report.
(2.) Learned Amicus Curiae for the Appellant urges that in view of the status report placed on record by the prosecution, the enquiry contemplated under Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred as 'Juvenile Justice Act') has been completed and the consequence which would flow naturally on an application under Section 7- A(2) should be applied. He further urges that the Appellant does not wish to press the proceedings further and that having regard to the entirety of circumstances, the Court may not remit the matter for consideration by Juvenile Justice Board or by the competent authority under the Juvenile Justice Act. It is urged that even if the Appellant was found to be implicated and convicted for the offence, he would have been under the supervision of a correction facility by virtue of Section 15 for a period of 3 years. The Appellant has undergone about 11 year's imprisonment. The incident in this case occurred on the night intervening 14.03.1991. The Certificate which was relied upon by the Appellant states that he was bora on 09.09.1974. The State's verification report reads as follows :-
(3.) Learned A.P.P. urges that the report should not treat the Certificate or the statement of the Head Master as conclusive and should take further test for age verification of the Appellant, Suresh. It was submitted that since the Certificate in the present case only mentions about the date of birth incidentally, and is in fact a transfer Certificate, it does not answer the description of a Birth Certificate under Rule 12 (2)(3)(a)(i), (ii)(iii) &(h) of the Juvenile Justice Rules framed in 2007. This Court is unable to subscribe to the interpretation advanced by the learned APP. Rule 12(2)(3)(a)(i), (ii)(iii) &(b)f the Juvenile Justice Act reads as follows :-