AMIT GOSWAMI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel for the State. The petitioner is aggrieved by the order dated 23.01.2013 passed by the learned Additional Sessions Judge - III, Jamshedpur, in S.T. No. 35 of 2012 whereby, the application filed by the petitioner for declaring him to be a juvenile has been rejected by the Trial Court. It appears that the petitioner has been made accused in Kadma P.S. Case No. 168 of 2011 corresponding to G.R. No. 2343 of 2011 for the offence under Sections 306, 376/ 34 of the Indian Penal Code.

(2.) The case was investigated and after submission of the charge sheet and cognizance, the case was committed to the Court of Session, where the petitioner filed his application for declaring him to be juvenile and the Court entered into an enquiry for assessing the age of the petitioner, in which, the petitioner produced one School Leaving Certificate showing his date of birth to be 25.01.1994. The mother of the petitioner was also examined by the Court below who also gave the same date of birth of the petitioner.

(3.) However, the School Leaving Certificate of the petitioner could not be proved in the Court below and it was only marked 'X' for identification. Accordingly, a Medical Board was constituted for assessing the age of the petitioner and the Medical Board has assessed the age of the petitioner to be 20 years ( ) one year, as on 11.10.2012. The Court found that the date of occurrence in the case was from 15.10.2011 to 21.10.2011 and as such, the petitioner was not a juvenile on the said date and has rejected the application filed by the petitioner.