- (1.)Leave granted.
(2.)The first respondent Tunna @ Tunnu Mian @ Tunna Mian @ Mobin Ansari was committed to the Court of Sessions to face trial for offences under Sections 302/201 and 376 of the Indian Penal Code. The first respondent filed an application claiming to be a juvenile and in support thereof he had enclosed a certificate issued by the Government Primary Urdu School, Shekhawa, Basantpur, Block Mainatand wherein his date of birth was mentioned as 15.01.1991. The date of occurrence of the offences alleged in the present case is 16.11.2006.
(3.)The learned Trial Court, for reasons not very clearly stated, recorded the finding that the certificate produced by the first respondent was a forged one. Accordingly, the first respondent was sent for medical examination by a Board. Though the report of the Board was to the effect that the first respondent was 17 years of age, the learned Trial Court took the view that the said opinion would admit the possibility of a variation of 2 years. Consequently, the learned Trial Court by order dated 24.12.2007 refused to accept the claim of juvenility raised on behalf of the first respondent.