- (1.) The incident is alleged to have taken place on 6-3-2000. It has been alleged that the petitioner along with three other co-accused threw acid on the family members of the complainant resulting in multiple acid burns on five persons including four ladies. After investigation, the police filed challan against the petitioner and three other co-accused for offence under Sections 458, 459, 324, 326 and 307/34, IPC.
(2.) The petitioner submitted a bail application under S. 439 of the Code of Criminal Procedure. This Court, vide order dated 31-7-2000, while disposing of the bail application, directed the trial Court to determine the age of the petitioner considering the provisions of the Juvenile Justice Act, 1986 (hereinafter to be referred to as 'the Act'). As per the directions of this Court, the trial Court, after taking evidence of both the sides, held that the petitioner was more than 16 years of age at the time of the incident vide order dated 26-8-2000.
(3.) The order dated 26-8-2000, passed by the trial Court, in regard to determining age of the petitioner, was challenged by the petitioner by way of filing a petition under S. 482 of the Code of Criminal Procedure before this Court. This Court, while disposing of the SB Cr Misc Petition No. 734/2000, on 1-12-2000, passed the following order :- "Perused the order of the learned Additional Sessions Judge, Neem Ka Thana, Counsel for the petitioner pointed out that one of the methods to draw the conclusion about the age is ossification test, the same has not been adopted in this case. It may be stated that it was on the application for bail of the petitioner himself, this Court ordered that the learned Addl. Sessions Judge will hold inquiry about the age of the petitioner, he did so but did not get the petitioner medically examined. In these circumstances, it is in the interest of justice that the order dated 26-8-2000 should be set aside and the matter be sent to the learned Addl. Sessions Judge, Neem Ka Thana back to get the petitioner medically examined for the purpose of age and if needed, the Doctor who conducts such examination be examined. He will also be free to look into the documents and evidence produced already in order to come to the conclusion about the age of the petitioner on the date of occurrence. This exercise should be finished within a period of twenty days from the date of receipt of copy of this order. Office is directed to send the copy immediately.";