VIKASH KUMAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal was admitted on 10.11.1997. The petitioner was not granted bail at the time of admission. Later on 18.11.1998, the petitioner was granted bail on the ground that he had remained in custody for 31/2 years. The present appeal came under the heading 'For Hearing' on 2.9.2011. While hearing the matter, the Amicus Curiae pointed out that in the statement under Section 313 of the Code of Criminal Procedure, the appellant had disclosed his age as 19 years. However, the Court had assessed the age as 19 years on 9 th of July, 1997 whereas the date of occurrence is 18 th of June, 1995. A Bench of this Court, therefore, referred the matter to the Juvenile Justice Board to record the evidence of juvenility of the appellant after issuing notice to both the parties and if it found that the appellant was a juvenile this Court directed that the matter should proceed in accordance with the Juvenile Justice Act. The Court also directed that the report be sent to the High Court.

(2.) The report of the Juvenile Justice Board, Darbhanga has been received in this Court. It would appear from the report that the appellant was adjudged to be 15 years, 5 months and 3 days old at the time of occurrence. The Board has sent a report to the Court and has stated that the records of the case are with the High Court and, therefore, it cannot proceed further in the matter.

(3.) Since this appeal had been admitted by the High Court, it would proper for this Court to dispose it of after taking into consideration the age of the appellant, namely, Vikash Kumar Sah.