GANGA PAHARIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. P.K. Sinha, learned counsel for the petitioner and Mr. Yadav, learned Government Advocate, assisted by the learned A.P.P. on behalf of the State.

(2.) THIS application is directed against the order dated 16.12.98 passed by the trial court in Sessions Trial No. 313 of 1995, by reason of which the court has refused to accept the petitioner as juvenile and thus did not bifurcate his case from the other accused.

(3.) LEARNED counsel for the petitioner has placed much reliance in the case of Bhola Bhagat vs. State of Bihar [1998 Cr. L.J. 390 : 1997 (8) S.C.C. 720 : 1997 (2) PLJR 161 (SC)] and submits that where the plea that the accused was a child on the date of commission of offence, then the High Court is duty bound to make an enquiry in this regard and this plea can be taken even at the appellate stage. According to the learned counsel when the Medical Board as well as radiological report indicates that on 17.6.97 and 16.11.98 he was about 18 years of age, the court below should have held that on the date of occurrence the petitioner was a minor.