Nayan Mandal vs State Of Jharkhand on 20 August, 2009
Petitioner was examined by the medical board and
came to conclusion that the petitioner was aged about 19 years
and half and below 20 years on 23.10.2007. It is relevant to
note that as per the rule itself, if certain date of birth is not
available, then the next thing is to rely for date of birth is from
the first school, attended by a child. In this case, the register
produced by the witness No.3 was not a complete register and
the court has rightly left the oral evidence and relied on the
medical evidence. Moreover, the petitioner has relied in a rule
reported in 2008, eastern India Criminal Cases, page 253 and on
a policy decision in the case of Pradeep Singh Vs. State of
Jharkhand, reported in 2002, Eastern India Criminal Cases, page
244, it was held as under-