IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REVISION No.490 of 2003 AZMERA KHATOON @ AZMEARA KHATOON Versus STATE OF BIHAR & ANR ----------- 7. 15.07.2008. Heard learned counsel for the petitioner, State and the Opposite Party No.2. 2. Notwithstanding the findings recorded in the order dated 21.11.2002 passed by A.C.J.M., West Champaran, Bettiah in Tr.No. 173 of 2002, arising out of Sikta P.S.Case No. 38 of 2002 as also the order dated 17.5. 2003 passed by 5th Additional Sessions Judge, West Champaran, Bettiah in Criminal Appeal No. 13 of 2003, the trial court which is in seisin of Tr.No. 173 of 2002 appertaining to Sikta P.S.Case No. 38 of 2002 dated 8.9.2002 registered for the offence under Section 376 of the Penal Code should record fresh findings as to whether Opposite Party No.2 was a juvenile on the date of occurrence of the said case in the light of the documentary evidence, School Certificate, placed on record before the appellate court and referred to in the order dated 17.5.2003 in terms of the provisions contained in Sub-Rule (V) of Rule 22 of the Bihar Juvenile Justice (Care and Protection of Children) Rules, 2003 and said finding should govern the status of Opposite Party No.2 during the trial and the judgment. 3. With the aforesaid observation and direction this Cr. Revision application is disposed of. Parties are directed to appear in the court below on the next date fixed in the trial. P.K.P. (V.N.Sinha,J.) - 2 -