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 companyy of the admission register.
Applications dated 26.6.2008 and 31.7.2008 were also filed by the appellant for medical examination.
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.
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 number a juvenile on the date of occurrence.
JJ Board then forwarded the report to the CJM.
The application was registered as GR Case No.577 of 2008.
The appellant, after submission of the charge sheet, surrendered before the companyrt 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.
The appellant herein was charge sheeted for the offences under Sections 376, 302 and 201 of the Indian Penal Code, along with three others.
There was some companyfusion whether the appellant and one Rajiv Ranjan Goswami was the same person, but it was found otherwise, and the School Leaving Certificate produced was number accepted.
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.
The respondent aggrieved by the order, approached the Division Bench of the High Court by way of Criminal Revision No.504 of 2009.
Accused then preferred Criminal Miscellaneous Appeal No.71 of 2009 before the Sessions Judge, Dumka.
Learned CJM, on accepting the report, companymitted the case to the Sessions Court and it was registered as Case No.132 of 2009.
The Criminal Revision was allowed and the order passed by the JJ Board was restored, setting aside the order dated 30.05.2009, passed by the Sessions Judge, Dumka.
The CJM, Dumka forwarded the said application to the Principal Magistrate, Juvenile Justice Board, Dumka for short the JJ Board to companyduct an appropriate enquiry and to submit a report.
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.
