PRATAP SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, is directed against an order dated 19.2.2001, passed by the learned 1st Additional Sessions Judge, Bokaro, in Criminal Appeal No. 28 of 2000, whereby, exercising his appellate jurisdiction with respect to the appeal filed by opposite party No. 2, he set aside the Order of the Court below and directed that enquiry be held under Section 32 of the Juvenile Justice Act, 1986, to find out the age of the petitioner at the relevant date.

(2.) The Trial Court had held the petitioner to be a juvenile within the meaning and scope of the Juvenile Justice Act. 1986. On appeal filed by opposite party No. 2, the Appellate Court did not find itself in agreement with the findings of the Trial Court on most of the issues and. accordingly, set aside the judgment under appeal before it.

(3.) The offence was allegedly committed on 31.12.1998. It is the contention of the opposite party No. 2 that the date of birth of the petitioner as recorded in the School Leaving Certificate is 18.12.1981 and that he was produced before the Juvenile Justice Court for the first time on 3.3.2000 and, therefore, on the date of his production in the Court he was more than 16 years. As per the Juvenile Justice Act, 1986, persons below 16 years alone were considered to be juveniles.