LAWS(PAT)-2024-1-127

NAUSHAD ALI Vs. STATE OF BIHAR

Decided On January 23, 2024
NAUSHAD ALI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Mr. Mukesh Kumar, learned counsel for the petitioner and Mr. Anil Kumar Singh, learned counsel for the Opposite Party No. 2 as also Mr. Ajay Kumar Jha, learned APP for the State.

(2.) This revision application has been preferred for setting aside the judgment dtd. 10/7/2023 passed by learned 1st Additional Sessions Judge-cum-Children Court, Saran at Chapra in Criminal (Juvenile) Appeal No. 09 of 2023 arising out of Kopa P.S. Case No. 84 of 2019 registered under Ss. 147, 148, 149, 323, 324, 307, 302 and 504 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') whereby and whereunder the learned Appellate Court has been pleased to dismiss the appeal and affirm the order dtd. 26/4/2023 passed by learned Juvenile Justice Board, Saran at Chapra (hereinafter referred to as the 'Board') in Enquiry No. 2655 of 2022. The learned Board has assessed the age of the petitioner to determine the plea of juvenility. By the impugned order, it has been held that the petitioner was major on the alleged date of occurrence. Submissions on behalf of the Petitioner

(3.) Learned counsel for the petitioner submits that the petitioner had appeared in his matriculation examination from the Central Board of Secondary Education, New Delhi (hereinafter referred to as the 'CBSE') from Children Delight School, DB Road, Saran at Chapra and as per his matriculation certificate, his date of birth is 1/8/2003. The alleged occurrence has taken place on 10/6/2019, therefore, the petitioner would be below 16 years of age on the date of occurrence. Reliance in this regard has been placed on Annexure '2' which is the certificate of the matriculation issued by the CBSE.