On receipt of the report of the Medical Board and on receiving such other evidence as was adduced on behalf of the petitioner, the A.C.J.M. companycluded that the petitioner was above 16 years of age on the date of the occurrence and therefore was number required to be tried by a Juvenile Court.
The petitioners claim was disputed on behalf of the prosecution.
The finding has been upheld by the Sessions Court in appeal and the High Court in revision.
On 13.9.1998 the petitioner was arrested in companynection with the said offence.
The petitioner was referred to examination by a Medical Board.
The petitioner has filed this petition seeking leave to appeal.
Leave granted.
On 14.9.1998 the petitioner was produced before the Additional Chief Judicial Magistrate, Patna who after recording his statement under Section 164 of the Code of Criminal Procedure remanded him to Juvenile home, Patna.
C. Lahoti, J. On 5.9.1998, Crime No.
574/98 under Section 302, P.C. was registered at P.S. Kadamkuan, Patna.
According to the FIR, one Abhishek was shot dead on that day.
The petitioner claimed to have been born on 18.9.1982 and therefore a juvenile, entitled to protection of The Juvenile Justice Act, 1986, hereinafter The Act for short .
