Patna High Court - Orders
Sanjay Kumar Singh vs State Of Bihar & Anr on 2 May, 2014
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.323 of 2014
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1. Sanjay Kumar Singh Son of Late Radha Kant Singh Resident of Village -
Kurba Chandpura, P.S- Desari, District - Vaishali
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Sanjay Kumar Singh Son of Chandradeep Narayan Singh Resident of
Village - Kurba Chandpura, P.S.- Desari, District - Vaishali
3. The Secretary, Bihar School Examination Board, Patna
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ganesh Prasad Singh, Adv.
For the Respondent/s : APP
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
2 02-05-2014Let the Bihar School Examination Board be added as opposite party No.2 during the course of the day.
Heard Mr. Ganesh Prasad Singh, learned counsel for the petitioner and learned counsel for the State.
This criminal revision is directed against the order dated 21.1.2014 passed by the Adhoc Additional District and Sessions Judge, Vaishali at Hajipur in Cr. Appeal No. 15 of 2013 whereby the appellate Court while dismissing the appeal filed under Section 12 of the Juvenile Justice (Care and Protection of Children) Act 2000 (hereinafter referred to as the 'Act') has affirmed the order dated 25.3.2011 passed by the Juvenile Justice Board, Vaishali at Hajipur in G.R. No. 707 of 1993, Sessions Trial No. 317 of 1999 arising from Desari P.S. Case No. 8 of 1993 registered for offence 2 Patna High Court CR. REV. No.323 of 2014 (2) dt.02-05-2014 2/3 punishable under Sections 307, 324, 326, 448/34 of the Indian Penal Code and subsequently Section 302 of the Indian Penal Code was added to the set of allegations.
Perusal of the order impugned manifests that the Courts below have recorded their opinion as regarding determination of juvenility of the opposite party No.2 on the Matriculation Certificate so produced by him during the course of inquiry. Records further manifests that no doubts were raised by the petitioner either before the Court below or before this Court as regarding the genuineness of the matriculation certificate. A matriculation certificate has been given a primacy in the matter of determination of age of a juvenile under the provisions of the Act and the Rules framed thereunder and unless a party contesting is able to show that the certificate is forged or that the claim of juvenility is based upon a fraud, it has to be accepted. The date of birth of the opposite party has been mentioned as 2.3.1975 in the matriculation certificate issued by the Bihar School Examination Board bearing Roll Code 0071065.
Let two copies of this application be served upon the counsel representing the Bihar School Examination Board within one week.
3 Patna High Court CR. REV. No.323 of 2014 (2) dt.02-05-20143/3
Call for the Lower Court Records in connection with G.R. No. 707 of 1993, Sessions Trial No. 317 of 1999 arising from Desari P.S. Case No. 8 of 1993 from the Court of Juvenile Justice Board, Vaishali at Hajipur.
Put up after summer recess.
(Jyoti Saran, J) Bibhash/-