ORDER

R.N. Prasad, J. - The petitioner is an accused in Kadamkuan P.S. Case No. 574/98 for the offence under Section-302 of the Indian Penal Code. The date of occurrence is 5-9-1998. The petitioner claims to be juvenile on the date of occurrence and as such he is entitled to the benefits under the Juvenile Justice Act. The claim of the petitioner was disputed by the opposite party and as such an enquiry under Section 32 of the Juvenile Justice Act was conducted by the Additional Chief Judicial Magistrate, a Juvenile Court and it came to a conclusion that the petitioner was above 16 years of age on the date of occurrence and he cannot be tried by Juvenile Court as claimed by the petitioner vide order dated 10-9-1999. The said order was challenged in appeal by the petitioner. The appeal was dismissed vide order dated 5-10-1999 by the Sessions Judge, Patna and the finding of the Juvenile Court was affirmed. The petitioner has challenged the aforesaid two orders of the Juvenile Court and the Appellate Court in this revision application.

2. The claim of the petitioner was that he was born on 18-9-1992 in Central Calcutta Nursing Home, Calcutta and as such his age was 13 days less than