(1.) THIS order will dispose of the application under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 ('Act' for short) filed by the appellant claiming that he was a juvenile i.e. less than 18 years of age on the date of the alleged occurrence.
(2.) ON the said application vide order dated 18.07.2011 a medical board was directed to be constituted by Medical Superintendent, AIIMS at the first instance. The said medical board submitted their report inter alia opining that the appellant was more than 27 years of age as on 27.05.2011. Thus as per the said report the appellant was about 20 years plus on the date of offence.
(3.) THE queries raised by the appellant were referred by the court to the medical board for their opinion and clarification. The medical board thereafter vide their letter dated 16.12.2011 submitted their answer to the queries raised. The said report was considered by the Division Bench and in the order dated 17.01.2012, it was recorded that the appellant had submitted that the clarification issued by the medical board should be read as benefitting the appellant i.e., in his favour. The Court upon noticing several facet, after hearing the parties, directed as under:-