BINOD DHIKAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision application is directed against the orders dated 31.8.2015 and 6.10.2015 passed by the Addl. Sessions Judge, XV, Dhanbad in S.T. No. 292/2015, whereby and whereunder he rejected the application of the petitioner filed under the Juvenile Justice (Care and Protection) Act, 2000 for declaring him juvenile. It appears that in the aforesaid sessions trial, the petitioner has filed an application for declaring him juvenile on the basis of School Certificate. It further appears that in course of inquiry, the learned court below called for the School Admission Register. The School Admission Register was brought by the Principal, Mahatma Gandhi Smarak Middle School, Bhulan Barari, Dhanbad and the same was proved by him as Ext. -1. While proving the same, the Principal stated that the date of birth of the petitioner is 12.10.1997. However, the learned Sessions Judge after going through the Ext. -1 found that the name of the petitioner was written at serial No. 8, which is the last name in the said admission register. He further found that the petitioner was admitted in the school on 5.1.2003. He then found that on 5.1.2003, altogether three students admitted in the school including this petitioner. But in case of other two students, the signature of the Headmaster is different with that of the signature of the Headmaster made against the admission of this petitioner. Considering the aforesaid discrepancy in the admission register, he prima facie come to the conclusion that there is some manipulation in the admission register, therefore, the learned court below directed for medical examination of the petitioner by the Medical Board. It appears from the order dated 6.10.2015 that the Medical Board after examining the petitioner reported that the petitioner had completed 20 years on 10.9.2015. The occurrence took place on 16.4.2015. Thus, on the date of occurrence, petitioner was not juvenile. Accordingly, the court below rejected the application of the petitioner.

(2.) Sri Pratuish Lala, learned counsel for the petitioner submits that once school certificate has been filed, then the court below has no other option but to accept the same and declare the petitioner as juvenile. He further submits that for that purpose, it is not open for the court to make inquiry. He submits that as per the provisions of law, the direction of the learned court below for medical examination of the petitioner is illegal. Learned counsel for the petitioner relied upon the judgments of the Hon'ble Supreme Court in "Ashwani Kumar Saxena v/s. State of Madhya Pradesh" reported in : (2012)9 SCC 750 [: 2013(1) JLJR (SC) 182], "Shah Nawaz v/s. State of Uttar Pradesh and Another" reported in : (2011)13 SCC 751 [: 2011(4) JLJR (SC) 77] and "Ranjeet Goswami v/s. State of Jharkhand and Anr." reported in : (2013)4 JBCJ 96(SC) [: : 2013(4) JLJR (SC) 329].

(3.) Learned counsel for the petitioner also relied upon the judgment of the Allahabad High Court in Jai Kumar v/s. State of U.P. and Anr., reported in : (2016)1 East Cr. Cases 249(AII.) and submitted that the orders passed by the learned court below is against the law, therefore, the same cannot be sustained.