SHAMSHIR ALAM @ SHAMSHER ALLAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present case preferred under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act of 2000'), the petitioner has challenged the order dated 23.08.2012 passed by learned Ad hoc Additional Sessions Judge, Gopalganj in Sessions Trial No. 255 of 1998, arising out of Manjhagarh P. S. Case No. 240 of 1995, whereby he has held that the petitioner was not a juvenile on the alleged date of occurrence and refused to send his case before the Juvenile Justice Board.

(2.) Manjhagarh P. S. Case No. 240 of 1995 was registered on 09.12.1995 against the petitioner and others under Sections 147, 148, 149, 323, 447 and 307 of the Indian Penal Code. At the stage of framing of charge, the petitioner filed an application under Section 7-A of the Act of 2000 claiming himself to be a juvenile on the alleged date of occurrence, i.e., 09.12.1995, as his date of birth according to Matriculation Certificate issued by the Bihar School Examination Board, is 06.03.1978. The learned Ad hoc Additional Sessions Judge, Gopalganj, vide order dated 23.08.2012, passed in Sessions Trial No. 255 of 1998, rejected the application of the petitioner on the ground that on the alleged date of occurrence his age was 17 years, 9 months and 3 days and, thus, he was not a minor.

(3.) The operative part of the impugned order, dated 23.08.2012, passed by the court below is as under :-