IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1041 of 2009 PARMANAND PANDEY @ PERMANAND PAANDEY, son of Ram Sinhashan Pandey, resident of vill.-Purusottampur, P.S.-Chainpur, Distt.-Kaimur(Bhabhua)------------------------------------------Petitioner. Versus THE STATE OF BIHAR . ------------ 4. 4.1.2010 Heard the parties. A claim was made on behalf of the petitioner to be a juvenile at the time of occurrence. For that he was given an opportunity to adduce evidence by the court, namely, F.T.C. Court No.IV, Kaimur, by way of enquiring the same. Parties adduced their evidence including some documents. According to the learned counsel for the petitioner, matriculation certificate was also submitted on behalf of the petitioner along with admit card and school leaving certificate. It is made clear that divergent opinion of courts were appearing for assessment of the age but that came to an end by making provision under Rule 12 of the Juvenile Justice ( Care and Protection of Children) Rules, 2007 and a clear guideline has been given to be taken by courts while assessing age of a person claiming himself a juvenile. It is mandate of legislation as Rules are framed under authorities given under section 68 of the Juvenile Justice (Care and Protection of Children) Act, 2000. Rule 12(3) of Juvenile Justice Rules, 2007 runs as follows :- “ (3) In every case concerning a child or juvenile in conflict with law, the age determination inquiry shall be - 2 - conducted by the court or the Board or, as the case may be, the Committee by seeking evidence by obtaining-- (a) (i) the matriculation or equivalent certificates, if available, and in the absence whereof ; (b) (ii) the date of birth certificate from the school (other than a play school) first attended ; and in the absence whereof ; (c) (iii) the birth certificate given by a corporation or a municipal authority or a panchyat ; (b) and only in the absence of either (i), (ii) or (iii) of clause (a) above, the medical opinion will be sought from a duly constituted Medical Board, which will declare the age of the juvenile or child. In case exact assessment of the age cannot be done, the Court or the Board or, as the case may be, the Committee, for the reasons to be recorded by them, may, if considered necessary, give benefit to the child or juvenile by considering his/her age on lower side within the margin of one year, and, while passing orders in such case shall, after taking into consideration such evidence as may be available, or the medical opinion, as the case may be, record a finding in - 3 - respect of his age and either of the evidence specified in any of the clauses (a) (i), (ii), (iii) or in the absence whereof, clause (b) shall be the conclusive proof of the age as regards such child or the juvenile in conflict with law. ” So, the court assessing the age is first to accept matriculation or equivalent certificate. In absence thereof, the date of birth certificate from the school (other than a play school) first attended and in absence thereof the birth certificate given by Corporation or Municipal Authority or a Panchyat and in absence of all the three, to obtain opinion of a Medical Board. In the instant case, petitioner’s school leaving certificate and admit card were not accepted on the ground of differences in roll code and roll number which occurred only according to petitioner not clearing the matriculation in main examination rather in supplementary examination held later with different roll number. Now the Photostat copy of the original matriculation certificate is filed which could never be taken into consideration by the court below. But once certificates filed by the parties are not accepted then also it is bounden duty of the court to get assessed the age by a Medical Board which has not been done in the case. So, the conclusion reached by the trial court is not liable to be sustained. Accordingly, this revision petition is allowed. The order impugned dated 3.3.2009 is set aside. The case is sent back for assessing the age afresh after giving the parties a further opportunity to file documents which are - 4 - relevant under Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules 2007 in accordance with law and under the observation made above. Sudip ( Mandhata Singh, J. )