JUDGMENT

R.C. Lahoti, J.-Leave granted.

2. Pranjal Tiwari, the accused respondent No. 2 has been apprehended on 27.2.1997 for an offence under Section 302/34 IPC committed on the same day. The accused claimed himself to be a juvenile as having not attained the age of 16 years and, therefore, entitled to the benefit of the Juvenile Justice Act, 1986. An enquiry was held. The learned Judicial Magistrate First Class and the Sessions Court held the accused not to be a juvenile. The accused preferred a revision in the High Court which has been allowed. The orders impugned before the High Court have been quashed and the accused has been held to be a juvenile. The complainant, father of the victim in the incident, has preferred this appeal by special leave.

3. At the enquiry, on behalf of the accused, mark sheets of Class VIII and High School, birth certificate, horoscope and entry in Kotwar Book were tendered in documentary evidence. In all of these documents, the date of birth of the accused is entered as 30.9.1981. In oral evidence, Savita Tiwari, PW 1, mother of the accused, Gopal Tiwari, PW 2, father of the accused, Vinod Kumar Mishra, PW 3, Head Master of Saraswati Shishu Mandir, wher