IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.260 of 2009 ANAND KUMAR, son of Raj Kumar Singh resident of vill.-Ratwara, P.S.- Bajpatti, Distt.-Sitamarhi-----------------------Petitioner. Versus STATE OF BIHAR . --------------- 2. 28.10.2009 Heard the parties. Petitioner is facing trial in connection with Sessions Trial no.767 of 2008 arising out of Gardanibagh P.S. case no.907 of 2004 for the offence under sections 376 and 302/34 of the Indian Penal Code which was allegedly committed on 24.11.2009. A claim was made on behalf of this petitioner about his being juvenile. So enquiry was conducted by the Juvenile Justice Board in which a report of the Medical Board was sought and submitted also and considering all the aspects the order is passed observing the petitioner not juvenile rather major. In appeal also that is confirmed. Submission of the learned counsel for the petitioner is that opinion of the Medical Board is not appreciated by the trial court as well as by the appellate court. It is pertinent to mention here that nothing of the kind save and except horoscope no document was submitted on behalf of the petitioner rather medical Board was constituted and that has been relied also. According to the opinion of the Medical Board, petitioner’s age was 19 to 21 years on 24.5.2008. If this opinion is accepted for 19 years then petitioner’s age on the date of occurrence i.e. on 24.11.2004 comes to 15 years and 6 months and if it is taken for 21 years then it comes to 17 years 6 months and not 18 years. - 2 - It is made clear that calculation of higher side is observed by the appellate court that his age was 17 ½ years that also is not accepted. It appears that heinous nature of the crime was there in the mind of the learned Addl. Sessions Judge and for that only he took into consideration the age assessed by the court while petitioner was remanded to custody which is approximate age only never can be taken to determine it finally. The single document which remains to be considered is the assessment of age of the Medical Board either in higher side or in lower side petitioner’s age comes below 18 years clearly shows him to be a juvenile on the date of the occurrence. Petitioner is declared juvenile below 18 years. Accordingly, this revision petition is allowed. The order dated 19.9. 2008 passed by the Addl. Sessions Judge cum F.T.C.- II , Patna in Sessions Trial no.767 of 2008 arising out of Gardanibagh P.S. case no.907 of 2004 is set aside. sudip ( Mandhata Singh, J )