NEERAJ KUMAR @ NEERAJ THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner as well as the State.

(2.) THE petitioner has preferred this petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 with the direction to set aside the judgment passed by the Additional Sessions Judge F.T.C.I., Bokaro in Cr. Appeal No. 14/06 whereby and whereunder the order passed by the A.C.J.M., Bokaro dated 24.10.2003 declaring the petitioner a major was upheld and confirmed.

(3.) IT is further evident from the order passed In Cr. Appeal No. 14/2006 by the Court of Additional Sessions Judge, F.T.C.I., Bokaro relying upon the finding of the A.C.J.M. dated 28.3.2006 he proceeded in the Sessions trial of the petitioner along with other co -accused and as many as 7 witnesses have been produced and examined on behalf of the prosecution. It was one of the grounds for the dismissal of the appeal. 1 find that the learned A.C.J.M. as well as 1st Additional Sessions Judge committed gross error by not appreciating the benevolent legislation of the Juvenile in conflict with law. The Juvenile Board/A.C.J.M. is to make into enquiry and to assess the age when a juvenile is produced before the Board/ Court Session 14 of the Act is specific: