SUDHIR DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Revision Application has been preferred against the order dated 05.12.2013, passed in S.T. Case No. 124 of 2009 (G.R. Case No. 592 of 2008), by learned 1st Assistant Sessions Judge, Jamshedpur, whereby the petition of the petitioner for declaring him juvenile has been rejected.

(2.) Learned counsel for the petitioner submitted that in terms of Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007, the Rule 12 prescribes the procedure for determining the age of a juvenile; that in case the matriculation certificate or equivalent certificate or date of birth certificate from the school and the birth certificate given by a Corporation of municipal authority or a Panchayat is not produced or is doubtful then a medical opinion can be sought from a duly constituted Medical Board regarding the determination of the age of the juvenile or child.

(3.) It has been further submitted by the learned counsel for the petitioner that the petitioner had withdrawn the application for declaring him to be the juvenile on 02.02.2013. Subsequently, it was discovered by him that he was in possession of the certificate issued by the Registrar of the Gram Panchayat and he had filed a petition on 12.09.2013 for declaring him to be the juvenile but the same was rejected on the basis that in the statement recorded under Section 313 of Cr.P.C., the age has been ascertained as 24 years; that the learned lower court has failed to appreciate that age has been recorded only on assessment which is merely on 2 estimation. It has been submitted that if the court was in doubt regarding the veracity of the documents, it could have ordered for medical opinion by constitution of a Medical Board in terms of Rule 12 of the J.J. Rules, 2007.