- (1.) Heard learned counsel for the rival parties.
(2.) This Court, by its order dated 11.03.2015, passed the following order for ascertaining the juvenility of the appellants - Becharam Acharya and Chinta Acharya : "In view of the above, we consider it just and appropriate to direct the appellants Becha Ram Acharya and Chinta Acharya to appear before the trial Court, namely, before the Sessions Judge, Bokaro on 6.4.2015. The Sessions Judge, Bokaro shall assign the question of determination of juvenility to a Court of competent jurisdiction. The appellants are granted liberty to lead evidence to establish the question of their juvenility in terms of Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007. Thereupon, the report of the Court assigned the case will be forwarded for consideration to this Court."
(3.) Consequent upon the passing of the above order, the Court of the Principal Magistrate, Juvenile Justice Board, Bokaro, by its order dated 11.06.2015, arrived at the conclusion, that Chinta Acharya was a juvenile. The question, that survives for consideration is whether Becharam Acharya was also a juvenile on the date of occurrence? It is not disputed by the learned counsel for the rival parties, that the occurrence took place on 27.03.1998. It is also not disputed by the learned counsel for the rival parties, that Becharam Acharya was aged 17 years, 2 month and 14 days on the date of occurrence.;