- (1.) Heard learned counsel for the petitioner as also learned counsel for the State. The petitioner is aggrieved by the Judgment dated 29.11.2012 passed by the learned Sessions Judge, Sahibganj, in Criminal Appeal No. 78 of 2012, whereby the appeal filed against the order dated 27.8.2012, passed by the Juvenile Justice Board, Sahibganj, in G.R. No. 115 of 2004, E. No. 11 of 2012, has been dismissed by the Appellate Court below.
(2.) It may be stated that upon an application filed by the prosecution, the Juvenile Justice Board, which had earlier declared the petitioner to be a juvenile, held that the petitioner was not a juvenile and had returned the record back to the Court of the Sessions Judge, Sahibganj, for trial in accordance with law. The appeal filed against the said order was also dismissed by the Appellate Court below.
(3.) It appears from the impugned Judgment that the petitioner has been made accused in Borio (J) Police Station Case No. 43 of 2004, corresponding to G.R. No. 115 of 2004, for the offence under sections 302, 328/34 of the Indian Penal Code, in which the petitioner was facing the trial in Sessions Case No. 204 A of 2005. In the course of trial the petitioner raised the plea of juvenility and had produced a matriculation certificate in support of his claim. The matter was sent for enquiry before the Juvenile Justice Board, Sahibganj, where the petitioner produced his matriculation certificate issued by the Jharkhand Academic Council, Ranchi, for the annual examination of 2006, showing his date of birth to be 8.6.1990. The date of occurrence being 22.3.2004, the petitioner claimed to be a juvenile on the date of occurrence. Since the said certificate was issued after the date of occurrence, the Juvenile Justice Board did not place any reliance on the same and ordered for constituting a Medical Board for assessing the age of the petitioner. On the basis of the report of the Medical Board, the petitioner was declared to be a juvenile vide order dated 13.6.2008.;