Ranjeet Goswami vs State Of Jharkhand & Anr

3. The appellant herein was charge-sheeted for the offences under Sections 376, 302 and 201 of the Indian Penal Code, along with three others. The appellant, after submission of the charge-sheet, surrendered before the court on 13.06.2008 and filed an application before the Chief Judicial Magistrate, Dumka on 17.06.2008 stating that on the date of occurrence i.e. 12/13.04.2008 he was a juvenile since his date of birth was 10.05.1991, as per the records kept in the Primary School, Benagadia.

4. The CJM, Dumka forwarded the said application to the Principal Magistrate, Juvenile Justice Board, Dumka (for short “the JJ Board”) to conduct an appropriate enquiry and to submit a report. The application was registered as GR Case No.577 of 2008. The appellant preferred a petition on 18.06.2008 before the Board to examine the Principal of Primary School, Benagadiya along with the admission register and also to examine the person in-charge of the Head Master, as well as the head mistress of Akmit School, Benagadia to prove his date of birth. Application was allowed on 23.06.2008, but on the same date, a fresh petition was filed on behalf of the respondent duly endorsed by the APP stating that the appellant had produced a forged copy of the admission register. Appellant examined Neela Hembrahm, who was the Head Mistress of the School since 17.8.2006, to prove the School Leaving Certificate issued on 10.4.2004, by the then Principal of the School, whose signature was identified and recognized. Applications dated 26.6.2008 and 31.7.2008 were also filed by the appellant for medical examination.

5. The JJ Board then sought the opinion of the Medical Board and the Board opined that the appellant was about 20 years of age on the date of the incident. There was some confusion whether the appellant and one Rajiv Ranjan Goswami was the same person, but it was found otherwise, and the School Leaving Certificate produced was not accepted. The JJ Board, however, accepted the report of the Medical Board and passed an order on 27.3.2009, rejecting the application holding that the appellant was not a juvenile on the date of occurrence. JJ Board then forwarded the report to the CJM. Learned CJM, on accepting the report, committed the case to the Sessions Court and it was registered as Case No.132 of 2009. Accused then preferred Criminal Miscellaneous Appeal No.71 of 2009 before the Sessions Judge, Dumka. Learned Sessions Judge took the view that the JJ Board had not assigned any cogent reasons for discarding the School Admission Register and then to accept the medical report. Learned Judge also took the view that there was conflicting evidence as to the age of the accused, hence the benefit of doubt should go to the accused. The appeal was accordingly allowed and the order passed by the court below was set aside and a direction was given to recall the case from the Sessions Court to be tried by the JJ Board.

10. We, therefore, find no reason to reject the school leaving certificate. If that be so, as per the ratio laid down in Ashwani Kumar Saxena (supra) there is no question of subjecting the accused to a medical examination by a medical board. Going by the school leaving certificate since the appellant was a juvenile on the date of occurrence, he can be tried only by the JJ Board. Consequently, the order passed by the High Court is set aside and that of the Sessions Judge, Dumka is restored. The appeal is allowed, as stated above.