J.C. Gupta, J. - (1.) Heard applicant's counsel in revision and the learned A.G.A.
(2.) In the facts and circumstances, this revision is disposed of finally.
(3.) It appears that sessions trial No. 225 of 2001 is proceeding against the applicant and others. Before the trial court applicant moved an application to separate his trial and transfer the same to the Juvenile Justice Court as on the date of commission of offence he was a 'juvenile' within the meaning of the said Act. The learned Sessions Judge on the basis of medical report regarding the age of the applicant came to the conclusion that as per medical report the applicant was aged about 16 years. Medical report is dated 26.4.2001 while the incident occurred on 18.1.2001. The court has gone through the order of the Sessions Judge and finds that the learned Sessions Judge has drawn inferences on conjectures and surmises. The learned Sessions Judge should have given a reasonable opportunity to the applicant in revision in support of his claim that he was a juvenile on the date of commission of offence. Before this court copies of school leaving certificates have been filed indicating that the date of birth of applicant was recorded as 15.9.1989 and if this date is correct then the age of applicant was certainly below 16 years on the date of commission of the alleged offence. Since no finding has been recorded in respect of the certificates it is expedient that the matter should be remitted back to the Sessions Judge to hold an inquiry afresh.;