(1) AGGRIEVED by the order dated 17-8-2010, in Case No.25/2010, passed by Special Judge, SC/ST (Prevention of Atrocities) Act, cases, Sikar, whereby the learned Judge has rejected the application filed by the petitioner for declaring him as juvenile, the petitioner has approached this Court.

(2) THE brief facts of the case are that with regard to an incident of 13-2-2010, a FIR No. 101/2010, for the offences under Sections 376 read with 511, IPC, and Section 3 (1) (xi), SC/ST (PA) Act was registered against the petitioner at Police Station Ranoli. THE petitioner filed an application before the learned trial Judge for determination of his age, as he claimed that on the date of occurrence, he was merely 16 years, 11 months, 10 days old. In order to buttress his contention he has examined four witnesses: Vimla Devi (C.W.I), his mother, Shiv Singh (C.W.2), his father, Bhagwan Singh, (C.W.3), the Headmaster of the school, where allegedly the petitioner studied till first class, and Dr. Hardev Singh (C.W.4). He has also submitted a copy of the Scholar Register to prove the fact that his date of birth was recorded as 20-3-1993. However, after going through the oral and documentary