IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1173 of 2007 VIKASH KUMAR Versus STATE OF BIHAR ----------- 2 6.8.2008 This application has been fled for setting aside the order dated 24.5.2007 passed by the Sessions Judge, Patna in Criminal Appeal No. 19/2007 thereby the court below has confirmed the order dated 4.11.2006 of the Principal Judge, Juvenile Justice Board passed in JJB Case No.0730/2006 rejecting the application of the petitioner to declare him as juvenile. Heard learned counsel for the parties. It is submitted by the learned counsel for the petitioner that the court below has erred not to take into account of admission card of Central Board of Secondary Education, Delhi, according to which, the petitioner was juvenile. It is further submitted that the report of the Medical Board is only an opinion and not a conclusive proof of the age. In support of the age of the petitioner, annexure-1, the photocopy of admission card has been produced. Considered the submission of the learned counsel for the petitioner. Perused the impugned orders as well as annexure-1. On perusal of the impugned order it appears that the court below has taken into consideration only the report of the Medical Board and not the admission card of the petitioner. It further appears that the court below has not given opportunity to the petitioner to lead his evidence in support of date of birth. Having regard to the facts and circumstances of the case, the - 2 - order in question dated 24.5.2007 is hereby set aside and the matter is remanded back to the Juvenile Justices Board, Patna for fresh decision after taking into consideration all the relevant facts including physical appearance of the petitioner, admission card, Medical Board’s opinion as also the oral evidence, if any, adduced by either party. It is made clear that the order must be passed within three months of receipt/production of a copy of this order. B.Jha (Ghanshyam Prasad)