D.K.SINHA,J. - (1.) HEARD the learned Counsel for the petitioner as well as the State.
(2.) THE petitioner has preferred this petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 with the direction to set aside the judgment passed by the Additional Sessions Judge F.T.C.I., Bokaro in Cr. Appeal No. 14/06 whereby and whereunder the order passed by the A.C.J.M., Bokaro dated 24.10.2003 declaring the petitioner a major was upheld and confirmed. From perusal of the certified copy of the order passed by the A.C.J. M. in G.R. No. 399/03 arising out of Marafari P.S. Case No. 20/2003 and relying upon the clinical, dental and radiological test of the petitioner, conducted by civil surgeon in which the age of the petitioner was assessed about 18/19 years and relying upon such medical report of the civil surgeon, the learned A.C.J.M., Bokaro held toe petitioner major and thereafter the case was committed to the Court of Sessions which is presently pending in the Court of the Additional Sessions Judge F.T.C. No. 1, Bokaro.
(3.) IT is further evident from the order passed In Cr. Appeal No. 14/2006 by the Court of Additional Sessions Judge, F.T.C.I., Bokaro relying upon the finding of the A.C.J.M. dated 28.3.2006 he proceeded in the Sessions trial of the petitioner along with other co -accused and as many as 7 witnesses have been produced and examined on behalf of the prosecution. It was one of the grounds for the dismissal of the appeal. 1 find that the learned A.C.J.M. as well as 1st Additional Sessions Judge committed gross error by not appreciating the benevolent legislation of the Juvenile in conflict with law. The Juvenile Board/A.C.J.M. is to make into enquiry and to assess the age when a juvenile is produced before the Board/ Court Session 14 of the Act is specific: Inquiry by Board regarding juvenile. - Where a juvenile having been charged with the offence is produced before a Board, the Board shall hold the inquiry in accordance with the provisions of this Act and may take such order in relation to the juvenile as it deems fit: Provided that an inquiry under this Section shall be completed within a period of four months from the date of its commencement, unless the period is extended by the Board having regard to the circumstances of the case and in special cases after recording the reasons in writing for such extension.;