( 1 ) LEAVE granted. Heard learned counsel.

( 2 ) THIS appeal is by a young man, Santenu Mitra who faces a trial under section 302 Indian Penal Code before the court of Session. When produced before the court, he raised the plea that he was a child on the date of the commission of the offence, i. e. , 19-2-1988, and thus was entitled to the protection of the juvenile Justice Act, 1986. His plea did not find favour with the court of session which led him to approach the High court in Criminal Revision No. 922 of 1988. Orders were passed directing the Magistrate to hold an inquiry under Section 8 (1 of the Juvenile Justice Act, 1986 in order to ascertain as to whether the appellant was below 16 years of age on the date of the incident (i. e. 19-2-1988.

( 3 ) THE learned Magistrate received evidence and examined some witnesses produced by either side. It was maintained by the prosecution that the date of birth of the appellant was 19-11-1971 and hence he was over 16 years of age on the date of the incident. On the other hand, the plea of the appellant was that his date of birth was 19-11-1972 and was thus below 16 years of age. The appellant strongly relied upon an entry made in the r