CHANDAN KUMAR GANDHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner-accused and the opposite party No. 2.

(2.) PETITIONER-accused is assailing the order dated 10-12-2008 passed by the Additional Sessions Judge, F. T. C.-IV, Begusarai in Sessions Trial No. 350(S) of 2008, where under the Court below has held that there is controversy in regard to the date of birth of the petitioner-accused which is evident from the matriculation and the School Leaving Certificate filed on behalf of the accused and the prosecution, in the circumstances, the report of the Medical Board becomes relevant material to be taken into consideration for assessing the age of the accused and from the report of the Medical Board it is evident that the petitioner was more than 18 years of age on the date of occurrence i.e. 25-7-2004.

(3.) LEARNED counsel for opposite party No.2 with reference to sub-rule (3) of Rule 12 of the Central Rules submitted that thereunder the contents of the certificates referred to in the said sub-rule has been made conclusive proof of the age of the juvenile and thereby the discretion of the Board/Court below under Section 49 of the Act to enquire into the age of the person/juvenile produced before it by taking such evidence, as may be necessary excluding the evidence on affidavit and record a finding about the age of the person/juvenile produced is eroded ad restricted as while ascertainig the age the Board/Court below should be allowed complete discretion to entertain such evidece excluding the evidence on affidavit which may be necessary in its opinion for the purpose of determining the age of the child/juvenile produced before it.