The High Court while disposing of the Revision has followed the decision rendered by this Court in Arnit Das supra and held that reckoning date is the date of production of the accused before the Court and number the date of the occurrence of the offence.
Aggrieved thereby the informant filed an appeal before the 1st Additional Sessions Judge, who after referring to the judgment of this Court rendered in Arnit Das vs. State of Bihar, 2000 5 SCC 488 disposed of the appeal on 19.2.2001 holding that the Juvenile Court had erred in number taking numbere of the fact that the date of production before the Juvenile Court was the date relevant for deciding whether the appellant was juvenile or number for the purpose of trial and directed a fresh inquiry to assess the age of the appellant.
On the basis of the FIR the appellant was arrested and produced before the C.J.M. Chas on 22.11.1999.
98 of 2001.
On his production the Juvenile Court assessed the age of the appellant by appearance to be between 15 and 16 years and directed the Civil Surgeon to companystitute a Medical Board for the purpose of assessing the age of the appellant by scientific examination and submit a report.
On 28.2.2000, a petition was filed on behalf of the appellant claiming that he was a minor on the date of occurrence i.e. 31.12.1998, whereupon the learned CJM transmitted the case to the Juvenile Court.
No such Medical Board was companystituted.
The appellant was then released on bail.
Arising out of Special Leave Petition Crl.
3749 OF 2001 K.SEMA,J. Leave granted.
On production, the learned CJM assessed the age of the appellant to be around 18 years old.
Briefly stated the facts giving rise to the filing of the present appeal are as follows First Information Report was lodged before the police in Bokaro city registered as P.S. case No.1/99 dated 1.1.1999 for the offence under Sections 364A, 302/201 IPC read with Section 120B IPC to the effect that on 31.12.1998 the appellant was alleged as one of the companyspirators to have caused the death of the deceased by poisoning.
Aggrieved thereby the appellant moved the High Court by filing Criminal Revision Petition.
Thus, the learned ACJM asked the parties to adduce evidence and on examining the school leaving certificate and mark sheet of Central Board of Secondary Education came to the finding that the appellant was below 16 years of age as on 31.12.1998 taking the date of birth of the appellant as 18.12.1983 recorded in the aforesaid certificate.
The appellant was produced in the Juvenile Court on 3.3.2000.
This appeal is directed against the judgment and order dated 10.9.2001 passed by the High Court of Jharkhand at Ranchi in Criminal Revision No.
