R.K.MERATHIA, J. - (1.) HEARD Mr. Ravi Prakash, AC for the appellant and Mr. S.K. Dutta, learned APP for the State.
(2.) THIS appeal is directed against the judgment dated 27.4.2000 passed by learned 1st Additional Sessions Judge, Godda in Sessions Case No. 130/90, 194/98 convicting the appellant under Sec. 326, Indian Penal Code and sentencing him to under go rigorous imprisonment for 2 years and to pay fine of Rs. 1000.00 and in default of payment of the further rigorous imprisonment for 3 months. Before proceeding on the merits, learned counsel for the appellant submitted that the appellant was juvenile on the date of occurrence. Though the said question was raised before the trial Court during evidence and was supported by a reliable document, by order dated 6.9.1999, the trial Court rejected the said prayer to treat the appellant as juvenile mainly on the ground that he has crossed the age of juvenile during the course of proceeding and that at the time of hearing bail application he himself stated that he was aged more than 16 years, therefore no inquiry was made about his age.
(3.) LEARNED counsel for the appellant submitted that a copy of the certificate issued by CBSE dated 10th August, 1992 duly attested by the Principle of the School was produced to show that appellant 'sdate of birth was 9th August, 1975. Accordingly, he was aged 15 years and 10 months at the time of alleged occurrence i.e. 10.6.1990. He further submitted that while passing the said order dated 6.9.1999, the learned trial Court has wrongly said that the judgment reported in 1999 (1) PLJR 732, Devendra Yadav V/s. State of Bihar is not applicable. He further submitted that in view of the Special Bench decision in. the case of Gopal Nag V/s. State of Bihar, 2000 (3) East Cr C 1587 (Pat) (FB) : 2000 (3) PLJR 802, this question can be raised eve at the appellate stage and it is to be determined first before going into the merits of the case.;