RAM BALAK CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner who is the Informant seeks revision of the order dated 10.01.2013 passed in Cr. Misc. No. 1 of 2012 arising out of S.T. No. 1486 of 2006 concerning Split up S.T. No. 1486B of 2006 passed by 5th Additional Sessions Judge, Naugachia, Bhagalpur by which he has declared the Opposite Party No. 2 a juvenile.

(2.) The case of the Petitioner was that on the date of occurrence the accused persons including the Opposite Party No. 2 committed the murder of the brother of the Informant on 29.12.2005. Charge-sheet was subsequently submitted on 22.03.2006 against all the four accused persons and the case was committed to the Court of Sessions for trial. On 10.10.2007 charges were framed against the Opposite Party No. 2 and other accused whereafter 14 witnesses including Investigating Officer and Doctor were examined. On 24.05.2012 when the statement under Section 313 Cr.P.C. was being recorded the Opposite Party No. 2 stated that he was 28 years of age. On the date fixed for argument the Court took up the matter of juvenility of the Opposite Party No. 2 on the basis of a Petition having been filed on 08.06.2012 basing his plea on one transfer certificate issued by Principal, Ra. Ku. H. Gandhi Madhya Vidyalay, Alang, Anchal Sabour, Bhagalpur.

(3.) Then an inquiry was conducted by the 5th Additional Sessions Judge, Naugachia himself where a number of persons including the mother of the Opposite Party No. 2 were examined. He, however, did not rely on the documents as proof of age and rejected the same. He, simulaneously, directed the Medical Board to conduct a medical examination of the Opposite Party No. 2 which held him to be between 25 to 30 years on the basis of the X-ray Report. The Court below corroborated the assessment of the Medical Board with the statement of the mother and then declared Opposite Party No. 2 a juvenile.