VIJAY KUMAR ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE order impugned is definitely a revisable order under the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter to be referred to as the Act).

(2.) BY the impugned order dated 4.6.2001 the Additional Sessions Judge -X, Chapra, in Sessions Trial No. 83/2001 held the petitioner to be major and not a juvenile even under the new Act. The bone of contention of the order is that as the occurrence took place while the Juvenile Justice Act was in vogue, there is no application of the new Act which came into force on 30.12.2000.

(3.) ADMITTEDLY , the occurrence took place on 4.8.2000 and on 5.8.2000 the petitioner was remanded to judicial custody. When the petitioner claimed to be a juvenile his case was referred to the Medical Board and on 27.1.2001 the Medical Board was constituted and the petitioner was examined and by the report dated 27.1.2001 the Medical Board found the petitioner to be aged about 18 years which means that he was below the age of 18 years. As per the old Act a person becomes juvenile only when he is within the age of 16 years. But after promulgation of the new Act a person is construed to be a juvenile if he is minor i.e. within the age of 18 years. If the new Act is considered and construed then the petitioner is a juvenile on the face of it. But the learned court below held that as the occurrence took place when the old Act was in vogue, the petitioner can not be construed as a juvenile.