(1.) - The dispute in this criminal revision relates to the age of opposite party No.2. Mukesh Kumar Singh, who figures as an accused in Sahar P.S. Case No. 62/97 under Section 302/34; I.P.C. and Section 27 of the Arms Act with respect to an occurrence which took place on 29-5- 1997.
(2.) From the records of the case and the submissions made at the Bar. it appears that the Chief Judicial Magistrate examined witnesses to find out whether opposite party No.2 is a juvenile within the meaning of Juvenile Justice Act, 1986 and came to conclusion that he was not so. It may be mentioned here that in the inquiry the witnesses examined were the mother of the opposite party No. a priest and Headmaster of the School. They stated that the date of birth of opposite party No. was 2-2-1983. The Chief Judicial Magistrate however, preferred the opinion of the Medical Board which had assessed the age of said opposite party as 17 years on 18-10-1997. The Sessions Judge on appeal by the opposite party took a different view. He held that the Medical Board can merely make an estimate of the age of a person. He relied on certain judgments of the Supreme out or not court as also of this Court in this regard.
(3.) Mr. Ajit Kumar Singh, learned Counsel for the petitioner, submitted that whenever dispute arises regarding age of an accused under Juvenile Justice Act an inquiry is to be held by the Court. He relied on a decision of the Supreme Court in Bhola Bhagat v. State of Bihar. The decision is of no avail to the petitioner for simple reason as noted above an inquiry was, in fact, held by the CJM in which witnesses were examined. Mr. Singh then contended that in the inquiry the petitioner was not given any opportunity to participate. In this regard, he placed reliance on a decision reported in AIR 1985 SC 1285. I am afraid, the decision is of little avail to the petitioner. The decision cannot be read as an authority on the point that in the matter of determination of age under the Juvenile Justice Act the informant is a necessary party to participate in the inquiry.