Harish Chandra Mishra, J. - (1.) HEARD learned counsel for the petitioner and the learned counsel for the State.
(2.) THE petitioner is aggrieved by the order dated 23.04.2014 passed by the learned Additional Judicial Commissioner -III, Ranchi, in S.T. No. 39 of 2013, whereby the petitioner has been declared to be a major on the date of occurrence. It may be stated that earlier the claim of juvenility of the petitioner was rejected by the Trial Court below by order dated 11.12.2013, against which the petitioner had moved this Court in Cr. Revision No. 37 of 2014. The said Cr. Revision was allowed by order dated 21.03.2014 by a detailed order taking into consideration the fact that the Court below had rejected the claim of juvenility of the petitioner stating that on the date of lodging the F.I.R., the accused -petitioner was aged 18 years 03 months and 09 days. The age of the petitioner was assessed on the basis of the school certificate submitted by the petitioner himself in which his date of birth was recorded as 16.05.1994.
(3.) THIS Court was of the view from the allegation in the FIR that the offence had been committed much prior to the date of the FIR. It had also come on record that in the meantime the victim was examined and she had also mentioned about the period of occurrence, but these facts had not been taken into consideration by the Court below while assessing the age of the petitioner. Accordingly, this Court by order dated 21.03.2014 directed the Court below to pass the order afresh, adjudicating the claim of the petitioner in accordance with law, taking into consideration all the materials available on record, including the evidence of the victim.;