S.K.Agarwal, J. - (1.) Heard learned counsel for the applicant and learned A.G.A.
(2.) This bail application was pressed only on the ground of age. On 29.5.2003 it was directed by this Court that the Sessions Judge, Baghpat may put the applicant to radiological test for the determination of his age. The report is dated 28.6.2003, which was received on 4.7.2003 in this Court but since I was sitting in Division Bench, therefore, it was not possible to hear the bail application expeditiously. The report shows that from the medical examination (radiological test) the approximate age of the applicant was determined to be 19-1/2 years by the Chief Medical Officer, Meerut. However, the report further indicates that the applicant had disclosed his age to the Doctor as about 17 years for the present. A school leaving certificate of Intermediate College, Saroorpur Khedki, district Meerut, was also filed in support of his contention by the applicant as Annexure '4' to this bail application wherein his date of birth is shown as 6.3.1986. Before that the applicant had also studied in another school, viz. Shivganj Kishan Madhyamik School, Saroorpur Kalan. In the character certificate also the Principal of the Intermediate College, Saroorpur, indicates the same date of birth. It is now accepted in law that the school-leaving certificate is to be given precedence over the medical report. There is always a possibility of variation of two years either way on various grounds in the medical estimation.
(3.) So far as the Code of Criminal Procedure is concerned, the applicant had exceeded the minimum permissible limit of age (16 years) for consideration of bail on this ground. However, the applicant has been seeking benefit of the Juvenile Justice (Care and Protection of Child) Act, 2000 wherein the age was raised to 18 years from the previous Act of 1986, which had prescribed the age, i.e. 16 years in the case of male child and 18 years in the case of a female child. In; the present Act the age has been made uniform.;