1. Heard learned counsel for the petitioner- accused and the opposite party no. 2.

2. Petitioner-accused is assailing the order dated 10.12.2008 passed by the Additional Sessions Judge, F.T.C.-IV, Begusarai in Sessions Trial No. 350(S) of 2008, whereunder the court below has held that there is controversy in regard to the date of birth of the petitioner-accused which is evident from the matriculation and the School Leaving Certificate filed on behalf of the accused and the prosecution, in the circumstances, the report of the Medical Board becomes relevant material to be taken into consideration for assessing the age of the accused and from the report of the Medical Board it is evident that the petitioner was more than 18 years of age on the date of occurrence i.e. 25.7.2004.

3. Counsel for the petitioner-accused has assailed the aforesaid order with reference to the provisions contained in Section 49 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the "Act") read with sub-rule (5) of Rule 22 of the Bihar Juvenile Justice (Care and Protection of Children) Rules, 2003 (hereinafter referred to as the "Bihar Rules" and sub-rule (