(1.) CRL.M.A.12912/2012
(2.) By way of order dated 27.07.2012 production warrant was issued for appearance of Nazir. He was produced in Court on 29.08.2012 and had stated that he has an elder brother, who had got married about one and a half year back. He also stated that he has three younger sisters and that none of them have been to school. As per the nominal roll the age of the applicant/appellant is about 22years. The FIR was registered in the year 2009. By order dated 29.08.2012, a preliminary inquiry was directed to be conducted by the State to verify the age of the applicant/appellant. Status report was received and thereupon it was directed that an inquiry is to be conducted by the trial court in terms of Section 7A of the Act read with Rule 12, to ascertain the age of the appellant at the time of the commission of the offence. Trial court records were transmitted for the said purpose.
(3.) Mr. Suresh Chand Rajan, Additional Sessions Judge/ Special Judge (NDPS)-III, directed that a medical board be constituted and an ossification test be conducted. The ossification test was conducted on 26.10.2012. Mr. Rajan has submitted the inquiry report. In the concluding paragraph, he has recorded his opinion that the appellant was a juvenile on the date of occurrence.