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Mantu Kumar @ Kamlesh Kumar Sinha vs State Of Bihar on 18 April, 2011

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Cr. Revision No. 840 of 2009
                   MANTU KUMAR @ KAMLESH KUMAR SINHA SON OF
                   VISHWANATH PRASAD RESIDENT OF VILLAGE-DAYAL CHHAPRA
                   POST OFFICE-CHANDI, POLICE STATION-CHARPOKHARI, DISTRICT
                   BHOJPUR

                                    ...PETITIONER
                          Versus
                   STATE OF BIHAR
                                    ...OPPOSITE PARTY
                                                -----------


02.   18.04.2011

Heard learned counsel for the petitioner and the State Petitioner is facing charge punishable under section 364A IPC. He is aggrieved by order dated 17.04.2009, passed by learned F.T.C. I, Bhojpur at Ara in TR N.68/08, whereby his claim raised under the provisions of the Juvenile Justice(Care & Protection of Children) Act,2000(for short 'the Act') has been considered and rejected. The issue of juvenility was raised at a belated stage by the petitioner by filing an application on 8.4.2009 whereafter an enquiry was made in terms of section 7A of the Act in which several documents are said to have been produced on behalf of the petitioner to show that his date of birth is 28.10.1984 and, as such, on the date of occurrence, i.e. 21.05.2002 he would be less than 18 years of age. Learned court below on a consideration of the matter found that those documents did not relate to the petitioner. Considering the physical appearance of the petitioner and the documents filed in support of the claim, rejected the said application.

Learned counsel for the petitioner while assailing the order, submits that if the court below was not satisfied with regard to documents produced in support of the claim of juvenility, then the next course open to him was to subject the petitioner to assessment of 2 age by a Medical Board which is also a mode provided under the relevant Rules. He submits that petitioner would have no objection if the said course is adopted by the court below.

Learned counsel appearing on behalf of the state, in view of the stand taken by the petitioner, submits that relevant Rules provides for medical assessment of age if the document on which reliance has been placed by the petitioner have not been found cogent and reliable.

Having considered the submissions made on behalf of the parties and after going through materials on record including impugned order, this Court is satisfied that the matter requires to be remitted back to the court below for subjecting the petitioner to assessment of age by a Medical Board which is an acceptable mode of assessment of age under the Act and Rules framed thereunder. Accordingly, the order impugned dated 17.04.2009 passed in S.Tr. No. 68 of 2008 by F.T.C.I Bhojpur at Ara is quashed and set aside.

Let the petitioner approach the court below by filing appropriate application along with copy of the present order within three weeks from today whereafter the learned trial court shall take steps for assessment of age of the petitioner by a duly constituted Medical Board and thereafter pass order in accordance with law.

( Kishore K. Mandal ) hr