SUMAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel for the State. The petitioner has filed this revision application against the order dated 03.12.2012 passed by Sri S. K. Dubey, the Judicial Magistrate, Dhanbad, in connection with Chirkunda (Galfarbari) P.S. Case No. 259 of 2012 corresponding to G.R. Case No. 4320 of 2012 whereby the petition filed by the petitioner for declaring him Juvenile after examining him by the Medical Board and determining his age by the said Board, has been rejected.

(2.) THE Court below allowed his application partly on 10.11.2012 and accordingly the Medical Board was constituted by Civil Surgeon to examine the petitioner. The said board examining him on 22.11.2012 and submitted the report. The said report dated 22.11.2012 shows the age of the petitioner was found as 19 years. The Court below after considering the said report, rejected the plea of being juvenile of the present petitioner (accused). Hence this revision.

(3.) THE counsel of the petitioner has further contended that if according to the aforesaid rule if the margin of one year is allowed, the age of the petitioner could be 18 years on 22.11.2012. Therefore, the petitioner is definitely is below 18 years on the alleged date of occurrence i.e. 10.11.2012. Therefore, the petitioner should be declared as Juvenile. To support his contention, he has cited the decision of the Hon'ble Apex Court in case of Rejinder Chandra v. State of Chhattisgarh and another, reported in : (2002) 2 SCC 287 : (AIR 2002 SC 748) and also a decision of this Court in case of Govind alias Govind Turi v. The State of Jharkhand, reported in : 2011 (3) JLJR 355 : ( : 2011 (3) AIR Jhar R 726).