NIRAJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner is one of the accused in connection with Garkha P.S. Case No. 121 of 2018, a case registered under different provisions of the Indian Penal Code including Section 376D of the Indian Penal Code as well as Section 4/6 of the Protection of Children from Sexual Offenses Act, 2012.

(3.) The allegation relates to commission of gang rape. The petitioner raised before the Juvenile Justice Board that he was a juvenile on the alleged date of occurrence i.e. 03.04.2018 as the date of birth of the petitioner is 08.04.2001. In support of his juvenility, the petitioner produced School Leaving Certificate issued by Primary School, Nagra wherein the petitioner had studied from Class-IV on wards. The petitioner further produced admit card of his appearance in the 10th standard exam conducted by the Bihar School Examination Board. The learned Juvenile Justice Board, Saran doubted the entry in the school register on the ground that there was no material on the basis whereof date of birth of the petitioner was entered in the School Admission Register, especially, in absence of material as to the school where the petitioner had studied in Class-I to IV. The Court asked the petitioner to produce the School Admission Register of the first school where the petitioner attended. When the petitioner failed to produce, the matter was referred to the Medical Board and the Medical Board was of opinion that the petitioner was of 22 years of age. Learned Juvenile Justice Board has placed order of this Court dated 02.02.2017 passed in Cr. Revision No. 259 of 2016 in the case of Vijay Kumar Singh vs. The State of Bihar wherein this Court held that if the school documents appear to be forged and fabricated resort to medical opinion may be taken. In that case, the person who had claimed juvenile passed more than one time matriculation examination and each time mentioned different date of birth. In that view of the matter, this Court doubted the correctness of the entry of date of birth in the matriculation certificate, therefore, that case is not applicable in the present facts and circumstances of this case.