A.C. Goyal, J. - (1.) The complainant-petitioner vide this petition u/s. 482 Cr.P.C. has challenged the order dated 10.5.2002 whereby learned Additional Sessions Judge, Laxmangarh allowed the revision No. 15/2002 and set aside the order dated 1.4.2002 by which learned A.C.J.M., Laxmangarh, District Alwar determined that the age of the accused-respondent No. 2 is above 18 years. The learned Revisional Court came to this conclusion that the accused-respondent No. 2 is below 18 years and thus forwarded his case to children Court, Alwar for trial.
(2.) According to the prosecution case, this incident took place on 20.10.2001. This accused is facing trial for an offence u/s. 302 IPC. During hearing of the bail application of this accused learned Additional Sessions Judge, Laxmangarh directed the A.C.J.M. to make an inquiry with regard to the age of this accused-petitioner. Learned A.C.J.M. recorded the statements of the parents of the accused and the prosecution examined the complainant Shri Magra and one teacher Bhagwan Sahay who proved school certificate Ex.l. Apart from the above evidence, two medical reports, one by radiologist and other by medical jurist, were also placed on record which were contradictory to each other on the point of age. But both the doctors were not examined by either side in the Court of learned A.C.J.M.
(3.) This Court vide order dated 14.5.2002 asked the Head Master, Government Primary School, Kajota, District Alwar to issue certified copy of admission form of the present accused and the same is now available on the record.;