Patna High Court CR. REV. No.1183 of 2009 (2) dt.23-08-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1183 of 2009 ====================================================== Sakila Khatoon, Daughter of Md. Jamal, R/O Vill- Mohani, P.S.- Asthawan, Distt.- Nalanda. .... .... Petitioner. Versus 1. State of Bihar. 2. Md. Majoo, S/O Late Md. Moiuddin, R/O Vill- Mohani, P.S.- Asthawan, Distt- Nawada. .... .... Opp. Parties. ====================================================== Appearance : For the Petitioner : Mr. Rabindra Pd. Singh, Adv. For the Respondent : Dr. Rabindra Kumar, A.P.P. ====================================================== 2 23-08-2011 The informant-petitioner has preferred this revision application under Section 53 of the Juvenile Justice Act read-with Section 397 and 401 of the Code of Criminal Procedure against the order dated 4th of April, 2009 passed by the Ist Additional Sessions Judge, Nalanda, in Sessions Trial No. 163 of 2008 by which he has declared the accused-opposite party no. 2 juvenile of 15 years 2 months 6 days on the date of occurrence. Heard the learned counsel for the petitioner and learned counsel for the opposite parties. It is submitted that the petitioner had filed Complaint Case No. 850C of 2006 against the accused- opposite party no. 2 and others which was sent to the Police Station on Asthawan P.S. Case No. 231 of 2006 for the offence punishable under Sections 363, 366(A), 376, 120B of the Indian Penal Code and ¾ of the Dowry Prohibition Act. Patna High Court CR. REV. No.1183 of 2009 (2) dt.23-08-2011 The main contention of the learned counsel for the petitioner is that after investigation the police submitted charge sheet, cognizance was taken, the case was committed to the Court of Session and thereafter the petitioner has taken the plea of juvenility. The Medical Board report has not been furnished and the certificate of the school has been produced by the accused at a belated stage, as such could not have been considered by the learned trial court. Learned counsel for the State has submitted that the learned Additional Sessions Judge has rightly considered the date of birth certificate as mentioned in the school certificate. It was admitted that according to School Leaving Certificate the date of birth of the accused- opposite party no. 2 appears to be on 07.06.1991. The death of birth certificate issued by Panchpara Gram Panchayat has also been filed. Accordingly, the medical report was not required. After hearing the learned counsel for the petitioner and opposite parties, it appears that learned First Additional Sessions Judge considered the school certificate issued by Guru Nanak Public School as well as date of birth certificate issued by Panchpara Gram Panchayat, showing that the death of birth of opposite party no. 2 is on 07.06.1991. The learned Sessions Judge Patna High Court CR. REV. No.1183 of 2009 (2) dt.23-08-2011 has not found any suspicious on birth certificate. The date of occurrence is 4th December, 2006 and the learned Add. Sessions Judge has found the age of the opposite party no. 2 is about 15 years i.e. below 18 years of age and has declared juvenile. Considering the facts and circumstances stated above, I do not find any ground to interfere with the impugned order at this stage. Accordingly, this application is dismissed. Bhardwaj/- (Amaresh Kumar Lal, J)