Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29195 of 2010 ====================================================== Jawahar Prasad s/o Resident of village-Simri, P.S. Amas, Distt-Gaya. .... .... Petitioner/s Versus 1. State Of Bihar Thru.Law Secretary, Govt of Bihar, Patna. 2. Chamari Prasad son of late Suraj Mahto R/O village- Nima P.S. Amas, Distt-Gaya. 3. Juvenile Justice Board, Gaya .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Dular Sah, Adv. For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 4 09-05-2012 Heard learned counsel for the petitioner as well as learned APP for the State. 2. During continuance of trial before the court of sessions as it appears from the submission as well as from the different orders that plea of juvenility was raised on behalf of accused, Amarjeet Kumar after having the perception of the court to that effect during course of recording of statement of accused under Section 313 of the Cr.P.C. Subsequently, as has been pleaded, accused was put to medical examination and the report is available on the record, however the same was not finding favour by successor in office on the reasons assigned in his order dated 20.11.2009, hence directed for re-assessment of the age by ANMCH, Gaya in connection with Sessions Trial No.181/2009 pending before ADJ-FTC-4, Gaya. Patna High Court Cr.Misc. No.29195 of 2010 (4) dt.09-05-2012 2 3. The inception of the instant case happens to be on the basis of written report filed by one Chamari Prasad dated 16.06.2005 disclosing therein that his grand-daughter, Sandhya Kumari aged about 15 years was abducted by Amarjeet Kumar with the aid of Rakesh Kumar resulting the institution of Amas P.S. Case No. 53/2005 registered under [STATUTE] wherein after completion of investigation charge-sheet was submitted, consequent thereupon is before the court concerned for trial. 4. The Juvenile Justice Act has got a radical change in due course of time whereunder Section 7(A) has been inserted by way of amendment giving a liberty to the delinquent to raise his plea in conflict with law over his status being a juvenile on the alleged date of occurrence and the courts have been put under obligation to entertain the prayer and make an enquiry to ascertain the genuineness of the plea. Therefore, the application of Section 7A is not at all guided by the stage of the case. 5. With regard to the admissibility of the documents to be referred and admitted on that very pretext has not been properly identified under the Act. However, its presence happens to be under Rule-12. Sub-rule-3 of Rule 12 prescribes the following documents to be taken into consideration in a way of Patna High Court Cr.Misc. No.29195 of 2010 (4) dt.09-05-2012 3 seriatim. a. (i) the matriculation or equivalent certificates, if available; and in the absence whereof; (ii) the date of birth certificate from the school (other than play school) first attended; and in the absence whereof; (iii) the birth certificate given by a corporation or a municipal authority or a panchayat; (b) and only in the absence of either ( (i), (ii) or (iii) of Clause-(a) above, the medical opinion will be sought from a duly constituted Medical Board which will declare the age of the juvenile or child. In case exact assessment of the age cannot be done, the Court or the Board or, as the case may be, the Committee, for the reasons to be recorded by them, may, if considered necessary, give benefit to the child or juvenile by considering his/her age on lower side within the margin of one year. 6. From the order impugned dated 30.11.2009 it is not apparent whether any enquiry was being conducted or not. No previous order has been filed on behalf of the petitioner to suggest that any enquiry was being conducted in terms of Section 7A of the Act. As such, the learned lower court is directed to initiate an enquiry under Section 7A of the Act and will also see that Medical Patna High Court Cr.Misc. No.29195 of 2010 (4) dt.09-05-2012 4 Board is only permissible for ascertainment of age in case there happens to be absence of the documents as incorporated under Rule-12(3) (a) of the J.J Rules. 7. With the aforesaid observation, instant petition is disposed of. perwez./- (Aditya Kumar Trivedi, J)

Applicable IPC Section: 366A

Statute Text:
Section 366A of the Indian Penal Code. Procuration of minor girl. Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.