IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1454 of 2010 BIKESH KUMAR . --- PETITIONER Versus 1. STATE OF BIHAR 2. SHAILENDRA KUMAR SINHA -- OPP. PARTIES. ----------- 05 03.01.2011 Heard both sides. Petitioner is aggrieved by order dated 06.09.2010 passed by learned Ist Additional Sessions Judge, Gaya in Cr. Appeal (Juvenile) no. 4/2010/68/2010 ( Shailendra Kumar Sinha vrs. State of Bihar & ors) whereby on a consideration of the materials available on record the matter has been disposed of in the following manner:- “6. I consider that the Juvenile Justice Board erred in not obtaining a report from the Medical Board about the age of Vikesh Kumar. The Juvenile Justice Board should obtain a report regarding the age of Vikesh Kumar from Medical Board before deciding the correct and precise age of Vikesh Kumar. 7. “Thus, I find that the impugned order dated 2.7.2010 is not according to law and I find merit in the appeal which is allowed and the impugned order dated 2.7.2010 of the court below is set aside and the case is remanded to the juvenile Justice Board, Gaya which will proceed to dispose of it in the light of the findings and observation contained in the judgment.” Petitioner was charged under Section 302/34 of the Penal Code with regard to an occurrence that was committed on 14.01.2009. He raised an issue of being declared juvenile on the date of occurrence. Such claim was considered by Juvenile Justice Board. Placing reliance on the matriculation certificate 2 produced by him in the enquiry conducted in terms of Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the „Act‟) petitioner herein was declared juvenile on the date of occurrence. Aggrieved by the aforesaid order the informant/opposite party no.2 filed aforesaid Cr. Appeal (Juvenile) which was considered and disposed in the manner noted above. It appears that in course of enquiry the petitioner placed reliance on the matriculation certificate disclosing the date of birth as 14.11.1991. The informant, on the other hand, placed on record the School Leaving Certificate/ admission register of Govt. Middle School indicating that the petitioner had taken admission in Class-VI and his date of birth was recorded as 14.11.1990 which was interpolated and made to appear as 14.11.92. Learned appellate Court having noticed that there is a general tendency on the part of the parents to incorporate lower date of birth in order to gain benefit in future and having noticed that there is conflict in so far as the date of birth of the petitioner is concerned in the matriculation certificate as well as School Leaving certificate/admission register produced on behalf of the informant directed for constitution of Medical Board for assessment of the age of the petitioner. Learned counsel for the petitioner while assailing the order submits that going by the provision of law and the rules framed thereunder the Court has to rely on the matriculation certificate and as such the appellate Court erred in holding that 3 in the facts and circumstances of the case a Medical Board was to be constituted to ascertain the age of the petitioner. Learned counsel appearing on behalf of the informant, on the other hand, submits that the view taken by the Appellate Court cannot be said to be perverse in view of the fact that there was serious dispute with regard to his date of birth as appearing in the School Leaving Certificate/Admission Register produced in the enquiry as well as the matriculation certificate. A supplementary affidavit and counter affidavit have been filed by the parties in the present proceeding. In the supplementary affidavit the petitioner has enclosed a photo copy of the admission register maintained in the Kameshwar High School, Aliganj as Annexure-4 in order to show that the date of birth of the petitioner recorded therein is 14.11.1991. A counter affidavit has been filed on behalf of the informant enclosing therewith Annexure-A which is a typed copy of the admission register maintained in the office of District Education Officer relating to the Rajkiya Madhya Vidhyalaya Korra which indicate his date of birth as 14.11.1992. It is the stand of the informant that the year 1990 appearing in the said column was interpolated with and made to appear as 1992. This Court finds from the appellate order that the matter has been remitted back to the Juvenile Justice Board for further enquiry in the matter. Since the matter is again before the learned Juvenile Justice Board the petitioner as well as the 4 informant would be at liberty to place all the relevant documents before the said authority in support of their respective claims. While making enquiry, learned Juvenile Justice Board shall consider all these documents, and if necessary, get those documents verified from the concerned offices and thereafter shall pass appropriate order in accordance with law. The Juvenile Board shall constitute a Medical Board only after having found that the documents placed by the petitioner do not inspire confidence in the attending facts. With this observation the application is disposed of. This Court only clarifies that while deciding the issue afresh learned Juvenile Justice Board shall not be prejudiced in any manner by order dated 06.09.2010 passed by learned Ist Additional Sessions Judge, Gaya in Cr. Appeal (Juvenile ) no. 4/10. Sym ( Kishore K. Mandal, J.)