IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.670 of 2007 MD.KAISAR, S/o late Md. Sabir, Resident of Mohalla- Alamganj, P.S. Laheri, Dist. Nalanda. Versus 1. The STATE OF BIHAR 2. Raghubir Kumar @ Devendra Kumar @ Karu, S/o Shambhu Prasad, R/o Vill.Ishwarchak,P.S.Bind, Dist. Nalanda. ------ For the Petitioner : Mr. Devendra Kumar, Sr.Adv. Mr. Anil Kumar No.1 For the State : Mr. G.P. Jaiswal, A.P.P. For the O.P. No.2 : Mr. Binit Kumar. --------- 4/ 09.09.2009 Heard both the parties. This revision application is filed against the order dated 08.08.2006 passed by the learned Additional Sessions Judge, Fast Track Court No. I in Sessions Trial No. 528 of 2006 by which the learned Judge allowed the petition filed by the O.P. No.2 for declaration of Juvenile. As the age of the Opposite Party No. 2 determined by the trial Court is questioned by filing this revision application. So, I find it not necessary to mention the fact of the case. However, a plea on behalf of O.P. No.2 was taken about his being juvenile by conducting an enquiry. His age is determined declaring him as juvenile below 18 years. On the point of age, three following documents are filed:- 1) Xerox copy of Admit Card No. 465976 issued in the name of Raghubir Kumar for his appearance in the Matriculation Examination by B.S.S.S. Examination Board, Patna. 2) Xerox-copy of mark-sheet issued by the B.S.S. Examination Board, Patna, in the name of Raghuvi Kumar, a student of High 2 School, Bind, bearing Roll Code No. 07213 and Roll No. 0890. 3) School Admission Register of High School, Bind, from the year 2001. Entry No. 242 is relevant. In this entry the name of petitioner accused Raghubir Kumar son of Shambhu Dayal, the date of birth as 15.08.1989 is mentioned. Apart from these documents, a Medical Board is constituted also for determining the age which has submitted its report showing petitioner’s age on 01.07.2006 in between 20-21 years, while the incident is of 14.03.2006. Now, it is upon the Court to consider either the Medical Report or the documents filed on behalf of Opposite Party no.2. Determination of age has always been remained in controversy as whichever of the date found at several places may be accepted. It can easily be said that parents of anyone are the best person to state their children’s age but at the same time. They are very much indulged in interest of their children. So, next evidence which can be taken into consideration is school register bearing the date of birth in it and registration of birth in birth register of Municipality or Panchayat recorded at non-controversial occasion, thereupon this medical evidence, if any, by a team of Medical Board. Taking all these aspects into consideration, Juvenile Justice (care and protection of children) Rules, 2007 came into existence. Rule 12 of the same clearly speaks about the material, documents or evidence which can be taken into consideration. Sub Rule (3) of Rule 12 of the Juvenile Justice (care and 3 protection of children) Rules, 2007 as follows: In every case concerning a child or juvenile in conflict with law, the age determination inquiry shall be 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; (ii) the date of birth certificate from the school (other than a play school) first attended; and the in the absence whereof; (iii) the birth certificate given by a corporation or a municipal authority or a panchayat; (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 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 order 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 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. Before coming into force of this rules, the position was same, but in this case Xerox-copy of Admit Card and Xerox-copy of Mark-sheet have been taken into consideration ignoring the report of Medical Board. In the direction made in Sub Rule (3) of Rule 12 of Juvenile Justice (care and protection of children) Rules, 2007 care has been taken for Matriculation certificates or equivalent certificates in its absence birth certificate from the School (other 4 than play school) first attended, in absence there of, the Birth Certificate given by the Corporation or Municipal Authority or a Panchayat and in absence of all these three, Medical opinion is to be taken into consideration. But in any case in enquiry Xerox-copy of any certificate cannot be allowed to admit as has been done in this case. Further, there is controversy if Admit Card and mark-sheet can be taken as matriculation or equivalent certificate. That has also been not discussed by the Trial Court. So, the conclusion reached by the learned Additional Sessions Judge is not liable to remain sustained. Accordingly, the revision application is allowed and the Judgment and Order dated 8.8.2006 passed by the Learned Additional Sessions Judge in connection with S.T. No. 528 of 2006 is set aside and the case is sent back to the Trial Court to decide the case (age) afresh in accordance with law including section 49 of the Juvenile Justice (care and protection of children) Act, 2000. shail (Mandhata Singh, J.)