BHARTH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) In a case for the offence under section 302 of the Indian Penal Code and section 27 of the Arms Act, a claim was made on behalf of the petitioner about his being juvenile. Enquiry was conducted and several opportunities were given to the parties as they adduce oral and written documentary evidence. Medical Board was also constituted which submitted its opinion and after taking into consideration all the aspects discussing the witnesses, age of the petitioner was assessed beyond juvenility. His prayer for declaring him juvenile is rejected.

(2.) It is bounden duty of the Board to first accept matriculation or equivalent certificate. If not available then date of birth certificate from school(other than a play school) first attended and in absence whereof the birth certificate given by a Corporation or Municipal authority or a Panchyat and in absence of all opinion of a Medical Board. In this case there was no matriculation certificate or date of birth certificate from first attended school or from the Municipal Authority or Panchayat, so Medical Board was constituted which examined the petitioner on 28.7.2008 and opined petitioner's age in between 23 to 24 years while the occurrence took place on 28.5.2001. So on that day it comes in between 16 to 17 years.

(3.) This much is opposed on behalf of the learned counsel for the opposite parties that there is certain admission of the petitioner and his father. Apart from some admission made by his father in his statement recorded on 18.4.2008 in course of enquiry, an affidavit is said to be sworn before the Election Authority on March, 2001 showing the petitioner major and in statement his father has stated about his marriage 20 years ago but in my opinion above referred evidence hardly can be accepted for determination of the age of a person claiming him juvenile.