- (1.) The petitioner has preferred the revisional application being CRR No.241 of 2015 challenging the order dated January 3, 2015 passed by learned Chief Judicial Magistrate, Uttar Dinajpur at Raiganj in G.R. No.812 of 2013 arising out of Raiganj Police Station Case No.391 of 2013 dated May 8, 2013, by which learned Magistrate accepted the decision of Juvenile Justice Board about the plea of juvenility of the petitioner and committed the case to the court of sessions. The petitioner has also preferred revision being CRR No.3938 of 2014 challenging the order dated November 21, 2014 passed by the Juvenile Justice Board, Raiganj, Uttar Dinajpur, in connection with Case No.JJB 39 of 2013 arising out of Raiganj Police Station Case No.391 of 2013 dated May 8, 2013, by which the Board decided that the petitioner was an adult at the time of commission of the offence by holding the date of birth on April 5, 1992. Both the revisional applications are taken up together for hearing as the common question of plea of juvenility of the petitioner is involved in both the revisions and as such both the revisions are disposed of by this common judgment.
(2.) It appears from record that the petitioner is facing trial in connection with Raiganj Police Station Case No.391 of 2013 dated May 8, 2013 on the allegation of committing offence under Section 493 and Section 376 of the Indian Penal Code. It also appears from record that the petitioner raised the plea of juvenility before the Juvenile Justice Board and the said plea was not accepted by the Juvenile Justice Board on November 21, 2014. The petitioner again raised the plea of juvenility before the court of learned Chief Judicial Magistrate, Raiganj on January 3, 2015 but learned Magistrate held that the plea of juvenility of the petitioner was already decided by the Juvenile Justice Board and the said decision of the Board was treated as final by learned Chief Judicial Magistrate, Raiganj, Uttar Dinajpur.
(3.) Mr. Dwaipayan Banerjee, learned counsel appearing on behalf of the petitioner contends that the Juvenile Justice Board has not considered the school leaving certificate (Annexure P-6 to the revisional application being CRR No.241 of 2015) on the ground that the said school leaving certificate is issued by the school where the petitioner attended subsequent to his admission to North Rupahar Free Primary School where the petitioner got admission on February 3, 1997. Learned counsel further submits that the school leaving certificate of Kalitala Mubarakpur Primary School is genuine as the date of birth of the petitioner which was recorded in the said school leaving certificate was also reflected in the certificate of birth issued by the Gram Panchayat on July 20, 1998. Learned counsel also submits that learned Magistrate of the Juvenile Justice Board did not ascertain the genuineness of the documents before mechanically relying on the certificate of North Rupahar Free Primary School on the ground that the petitioner was first admitted in the said school on February 3, 1997, which has caused prejudice to the petitioner and the substantive right of the petitioner is curtained thereby.;