1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 260 OF 2009 Mr. Mahendra Dubari Kevat ..... Applicant. V/s The State of Maharashtra ....... Respondent. Mr. K.S. Patil for the applicant. Mr. D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. DATE : 24 th February, 2009 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant herein has been arrested in connection with the offence punishable under section 366(A), 376 of the Indian Penal Code. Prosecution case is that the applicant who was a rickshaw driver took the prosecutrix who was 16 years of age and committed forcible intercourse with her on two occasions. Applicant, on complaint being lodged by the prosecutrix, was arrested and Sessions Court refused to grant bail. Against this order, he preferred bail application in this Court which application was also rejected. Thereafter, second bail application has been filed by the applicant in which he alleges that the School Leaving Certificate of the applicant shows that he was a minor on the date on which 2 the said incident had taken place. He has annexed the said certificate to this application. 3. This Court had directed the Investigating Officer to investigate and find out the authenticity of the said document. Accordingly report has been submitted, stating therein that no reliance can be placed on the said document for the reasons stated in the report. 4. In my view, under section 12 of the said Act procedure has been laid down for determining age of the delinquent. Since now application has been filed claiming that the applicant was a minor, an age of the applicant has to be determined as per the provisions of section 12 and Rule 19 of the said Act. The Court or the Board or the Committee as constituted under Rule 19 of the said Act, shall make an investigation about the age of the applicant on the date of the incident. Applicant shall be produced before the Court or the Board or Committee as the case may be on Monday the 2nd March, 2009. Applicant and the Investigating Officer shall thereupon tender all relevant documents to the said competent authority and the competent authority shall, thereafter, take a decision within three weeks from today. If the competent authority comes to the conclusion that the applicant was a minor on the date of the said offence, the applicant shall be kept in observation home and liberty shall be granted to the applicant to apply for bail. If, however, the Board comes to the conclusion that the applicant was not a 3 minor on the date of the offence, he shall be taken back in judicial custody. He shall, however, be given liberty to apply for bail on merits. 5. Application is disposed of. (V.M. KANADE, J.)