Sabina, J. - (1.) PETITIONER has filed this petition for challenging the order dated 11.10.2010, whereby application moved by the petitioner for declaring him juvenile was dismissed.
(2.) AFTER hearing learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed. The petitioner had produced on record Certificate issued by District Education Officer, Seharsa (Annexure P -2). As per the same the date of birth of the petitioner is mentioned as 1.2.1995. The official, who had gone to verify the genuineness of the said certificate deposed that the certificate was genuine. The Learned Sessions Judge, while declining the application moved by the petitioner for declaring him juvenile has held that there was no material on record as to on what basis the date of birth of the petitioner was recorded in the certificate (Annexure P -2). Since there was no date of birth certificate on record produced by the petitioner, the learned Sessions Judge, could have got the ossification test of the petitioner conducted in order to determine his age. The plea taken by the petitioner that he was aged about 15 years and 2 months at the time of alleged occurrence, if proved then he is liable to be tried by the Juvenile Justice Board.
(3.) ACCORDINGLY , in the facts and circumstances of the case, it would be just and expedient to allow this petition.;