ARCHANA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application has been filed against the judgment and order dtd. 12/2/2018 passed in Criminal Appeal No. 62 of 2016 (arising out of Nawada Muffasil P.S. Case No. 67 of 2014, G.R. No. 1570 of 2014, Trial No. 476 of 2016) by 1st Additional Sessions Judge-cum-Special Judge (Children Court, Nawada) whereby and whereunder the learned Court below has dismissed the appeal preferred by the petitioner against the order dtd. 17/9/2016 passed by the learned Principal Magistrate of Juvenile Justice Board, Nawada, in Nawada Muffasil P.S. Case No. 67 of 2014, G.R. No. 1570 of 2014, Trial No. 476 of 2016 by which the opposite party No. 2 was declared Juvenile.

(2.) Brief fact of the case is that writ petitioner was married with opposite party No. 2 on 9/6/2014 and, thereafter, she was assaulted and ousted from the matrimonial home snatching her ornaments and a demand of rupees five lac was made. A written information was given to Nawada Muffasil police station and on the basis of said information, Nawada Muffasil P.S. Case No. 67 of 2014 was lodged against the five accused persons including opposite party No. 2. (Ranjan Kumar). It further appears from the record that opposite party No. 2 claimed to be minor and thereafter, the matter was referred to Juvenile Justice Board, Nawada.

(3.) It appears that on 23/6/2016, opposite party No. 2 took the plea of juvenility before the Court of learned S.D.J.M., Nawada, who split up the records and sent it to Juvenile Justice Board, Nawada, for enquiry on the point of juvenility of opposite party No. 2. After hearing the parties and calculating the date of birth as 2/2/1999, mentioned in provisional certificate produced by opposite party No. 2 issued by the Bihar School Examination Board, Patna, the Juvenile Justice Board, Nawada, declared the opposite party No. 2 as juvenile on the date of occurrence i.e., 9/6/2014. Aggrieved by the aforesaid order dtd. 17/9/2016 passed by Juvenile Justice Board, Nawada, the petitioner preferred an appeal (Criminal Appeal No. 62/16) before the 1st Additional Sessions Judge,-cum-Special Judge (Children Court), Nawada and the learned appellate Court dismissed the appeal on the ground that the court also do not find any illegality in the judgment of Juvenile Justice Board, Nawada.