RAMESH MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present petitioner has been charge sheeted under section 376(2)(f) IPC and under section 4 of the Protection of Children from Sexual Offence Act, before the learned A.C.J.M., Haldia took a plea that at the time of the alleged occurrence he was below the age of 18 years, therefore, a juvenile and his case be placed before the concerned Juvenile Justice Board for necessary action in terms of Juvenile Justices (Care and Protection of Children) Act, 2006.

(2.) It appears on such plea the learned Magistrate called for a report from the investigating officer of the case as regards to the plea taken by the petitioner. When the investigating officer of the case obtained a certificate from the headmaster of the school where the petitioner took admission in class-I on May 4, 2011. In the said certificate the petitioner's date of birth was mentioned as March 23, 1996. At the same time the investigating officer of the case also seized the admission register of the school. However, in the admission register of the school, the column where the date of birth of the petitioner was noted was found to be interpolated and overwritten. Accordingly, the learned Magistrate refused to act thereupon and directed for his ossification test.

(3.) Aggrieved by such order for ossification test of the petitioner for the determination of his age, this criminal revision has now moved before me.