CHARANJIVI KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The accused petitioner has preferred this revision application under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the 'Act') against the order dated 13.12.2010 passed by the learned Sessions Judge, Sitamarhi in Cr. Appeal No.103/2010 by which the order dated 9.10.2010 passed by the learned Juvenile Justice Board, Sitamarhi in Trial No.695/2010 arising out of Sitamarhi P.S. Case No.277/2010 under Section 25 (1-b) a/26 (iii)/25 of the Arms Act has been confirmed and the appeal has been dismissed.

(2.) The main contention of the learned counsel for the petitioner is that the petitioner has passed C.B.S.E. Examination in the year 2008 and his date of birth according to the certificate is 1.10.1993. Earlier, the date of birth recorded in the D.A.V. Public School, Sitamarhi in class III was wrongly mentioned as 25.12.1990. Later on, the date was corrected. The correct date of birth of the petitioner was entered into the certificate granted by the CBSE Board. The certificate granted by the CBSE Board is annexed as Annexuree-1 to this petition. This certificate has not been relied upon by the learned Juvenile Justice Board and the learned Juvenile Justice Board has called for a report from the Medical Board. According to which, the age of the petitioner has been estimated around 20 years on 29.07.2010.

(3.) The learned counsel for the petitioner further submits that in Rule 12 (3) of the Juvenile Justice (Care and Protection of Children) Rules, 2007, the guidelines have been given to the court or the Board as the case may be for the consideration of the documents for considering the juvenility matter of a person. It is better to quote Rule 12 (3) :