H.C.MISHRA,J. - (1.) Heard learned counsel for the petitioner and learned counsel for the State.
(2.) This is the third round, in which, the petitioner has come to this Court for declaration that he is a juvenile. The petitioner had earlier moved this Court in Cr. Revision No. 721 of 2013, in which, he had challenged the Judgment dated 21.3.2013 passed by the learned Sessions Judge, Latehar, in Cr. Appeal No. 6 of 2012, by which the learned Sessions Judge had doubted the order dated 19.11.2011 passed by the learned Chief Judicial Magistrate, Latehar, in G.R Case No.517 of 2011, declaring the petitioner to be a juvenile and for the reasons detailed in the order, the learned Sessions Judge held that the petitioner was not a juvenile on the date of occurrence and had directed for sending him back to the Court of Session for facing the trial in the murder case. In the said Criminal Revision No.721 of 2013, this Court had found that the order dated 19.11.2011 passed by the learned Chief Judicial Magistrate, by which the petitioner was declared to be a juvenile, was not an appropriate order, as no enquiry whatsoever was conducted by the learned Chief Judicial Magistrate, Latehar, while declaring the petitioner to be a juvenile. This Court had also found that the Judgment dated 21.3.2013 passed by the learned Sessions Judge, Latehar, in Cr. Appeal No. 6 of 2012 also could not be sustained in the eyes of law, as the said order was also found to have been passed without following the procedure prescribed under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, read with Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, and accordingly, by the order dated 23.8.2013, this Court set aside the orders passed by both the Courts below and directed the learned Sessions Judge, Latehar, in whose Court the trial was pending, to decide the claim of the juvenility of the petitioner and to pass appropriate orders in accordance with law after due enquiry in the matter.
(3.) Pursuant to that order, the Medical Board was constituted by the learned Court below and the opinion of the Medical Board was also obtained, which opined that on 6.2.2014, the age of the petitioner was around 21 -22 years. The date of occurrence as per the F.I.R., being 9.9.2011, the Court below found that the petitioner was not a juvenile on the date of occurrence, as the petitioner was about seven months more than the age of 18 years, and accordingly, the Court below rejected the plea of juvenility of the petitioner by order dated 26.2.2014 passed in S.T Case No. 54A of 2012. ;