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2017 Supreme(Pat) 1249

ARUN KUMAR
Md. Jakaullah @ Md. Jaqullah, S/o Maksud @ Makshud Ahmed – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Akhileshwar Kumar Srivastava
For the Respondents: Mr. Ajay Kumar-I, Mr. Y.C. Verma

JUDGMENT :

Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the O.P. No. 2.

2. This revision application has been preferred by the petitioner against the order dated 25.01.2017 passed by 10th Additional Sessions Judge, Saran at Chapra in Cr. Appeal No. 47 of 2011 thereby affirming the order dated 06.07.2011 passed by Juvenile Justice Board, Chapra (hereinafter called “Board”) in Enquiry No. 151 of 2011 arising out of Taraiya P.S. Case No. 91 of 2010 holding the accused-O.P. No. 2 juvenile.

3. A brief fact of the case is that Board, vide order dated 06.07.2011, after holding enquiry, declared O.P. No.-2 juvenile on the basis of Medical Boards opinion giving flexibility of two years to the lower side of the age. During enquiry, informants side also appeared and submitted Photostat copy of certificate of Maulvi issued by the Bihar State Madarsa Education Board (hereinafter called “Madarsa Board”) in 2008, which is equivalent to Intermediate examination and as per the said certificate, date of birth of the O.P. No. 2 was 20.07.1991, whereas accused O.P. No. 2 submitted matriculation certificate issued by the C.B.S.E of the year 2007









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