HABIL NAG Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned senior counsel for the appellant and learned counsel for the State.

(2.) Pursuant to the order dated 03.1.2018, the report of the Juvenile Justice Board, Khunti, has been received, which shows that after a detailed enquiry into the claim of the juvenility of the sole appellant Habil Nag, and also taking into consideration the report of the Medical Board constituted for the purpose, the age of the appellant on the date of occurrence, i.e., 05.2008, was found to be between 9 to 14 years.

(3.) In order dated 1.2018, it finds mentioned that according to the certificate regarding date of birth of the appellant, the date of the birth of the appellant is 17.5.1997, according to which, on the date of occurrence the appellant was aged about 11 years only, which appeared to be ridiculous, as if a child aged about 11 years is produced before the Court, that would immediately attract the attention of the Court. However, that was not done in this case, and the appellant faced the trial and was convicted and sentenced by the Trial Court below, for the offence under Section 302 of the Indian Penal Code.