- (1.) THE petitioner has filed this revision application for quashing the order dated 26.8.2008 passed by the Additional Sessions Judge, F.T.C. -V at Chaibasa rejecting an application filed by the petitioner to declare him Juvenile as he was below 18 years of age on the date of occurrence i.e. 18.1.2007.
(2.) FACTS of the case, in brief, is that a case has been registered against the petitioner under Section 376 I.P.C. alleging that on 18.1 .2007 the informant when had gone to attend a local festival namely Tusu and to see the dance programme, the petitioner forced her to dance with him. After some time the petitioner asked her to bring water to drink. She went to take water, the petitioner also went there and on the point of knife, brought her to a lonely place and forcibly committed rape on her. The case was committed to the Court of Sessions and when it was pending before the Additional Sessions Judge, F.T.C. -V, for trial in S.T. Case No. 108/ 07, the petitioner has filed an application praying therein that he may be declared Juvenile as he was a below 18 years of age at the time of alleged occurrence. The trial court according to the Section 7 -A of the Juvenile Justice (Care and Protection of Children) Act, 2000 directed to produce the petitioner before the Medical Board. The Medical Board after examining the petitioner on 17.12.2007, submitted its report vide memo no. 172 dated 24.1 .2008 and one of his member Doctor Ashok Kumar Mishra in order to prove the contents of the report, has been examined. The said Doctor had proved the entire report prepared by Medical Board which has been marked as Exhibit -1. The report of the Medical Board shows that the petitioner on date of examination was about 19 -20 years of age.
(3.) THE trial court during the course of hearing when the accused petitioner was produced before him from Judicial Custody, after seeing him, has opined that the physical appearance of the accused petitioner is more than 20 years of age as such on the date of occurrence he was definitely was more than 18 years of age.;