D.K.SINHA, J. - (1.) THE present criminal revision is directed against the order impugned dated 22.3.2007, passed by 1st Additional Sessions Judge, Hazaribagh in S.T. No.142 of 2002 arising out of Ramgarh P.S. Case NO.306 of 2001, whereby and whereunder, the learned Trial Judge refused to transfer the case of the petitioner to the Juvenile Justice Board, Ranchi on the claim of the petitioner that he was juvenile at the relevant time of alleged occurrence.
(2.) PETITIONER was facing trial for the charge under Sections 366 -A/376 of the Indian Penal Code and after examination of the prosecution witnesses when he was examined and his statement was recorded under Section 313 of the Code of Criminal Procedure the petitioner disclosed his age to be 22 years and thereby took the plea of juvenile whereas Trial Court has assessed his age to be of 24 years. Learned counsel urged before the Court that even if the age of the petitioner was assessed as 24 years by the Trial Court on 10.1.2007 while recording the statement of the petitioner under Section 313 of the Code of Criminal Procedure he was about 18 years of age on the date of alleged occurrence i.e. on 17.10.2001 with minor variation of plus -minus one year as settled by the Apex Court.
(3.) ACCORDING to learned counsel, certain amendment was made by insertion of new Section 7 -A. in Juvenile Justice (Care and Protection of Children) Act, 2000 which speaks as follows: 7 -A. Procedure to be followed when claim of juvenile is raised before any Court. -(1) Whenever a claim for juvenility is raised before any Court or a Court is of the opinion that an accused person was a juvenile on the date of commission of the offence, the Court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) so as to determine the age of such person, and shall record a finding whether the person is a juvenile or a child or not, stating his age as nearly as may be: Provided that a claim of juvenility may be raised before any Court and it shall be recognized at any stage, even after final disposal of the case, and such claim shall be determined in terms of the provisions contained in this Act and the rules made thereunder, even if the juvenile has ceased to be so on or before the date of commencement of this Act. . (2) If the Court finds a person to be juvenile on the date of commission of the offence under sub -section (1). it shall forward the juvenile to the Board for passing appropriate order, and the sentence if any passed by a Court shall be deemed to have no effect.";