Page No.# 1/2 GAHC010065282025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./103/2025 SRI PILARSON ENGTI, SON OF LATE BESTAVEL ENGTI, VILL. - KANGTHILANGSO NAREP ENGTI GAON, P.O.- DUARBAMUNI, P.S.- DOKMOKA, DIST.- KARBI ANGLONG, ASSAM, PIN- 782441 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M SARANIA, N GOGOI,MR R.BEZBARUAH,MR A SARANIA,MR. P P GOGOI,MR. A I KATHAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.04.2025 1. Heard Mr. M. Sarania, learned counsel for the petitioner. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the Order dated 21.06.2024 passed by the learned Sessions Judge, Nogaon in Sessions (T-1) Case No.53/N/2018. Page No.# 2/2 3. The petitioner Sri. Pilarson Engti claim to be a Juvenile, i.e., below 18 years of age on the day of occurrence, at one point of time, learned Sessions Judge disagreed with the petitioner. Again the said plea was taken up by the petitioner and this plea was again rejected after going through the documents. 4. The learned counsel for the petitioner submits that the Trial Court had relied upon some documents like school transfer certificate, whereas no ossification test or other medical test were done to ascertain the age of the petitioner pursuant to the provisions has laid down in Section 94(2)(iii) of the Juvenile Justice (Care and Protection of Children) Act, 2015. 5. According to learned counsel for the petitioner, this is a mandatory provision under the given circumstances of the case. 6. I have considered the submissions made by learned counsel for both the sides. 7. Now this Court is of the opinion that the submission made by the petitioner has force in it, the impugned order is bad in law therefore stands set aside. 8. The learned Sessions Judge, Nogaon is directed to go for an ossification test to ascertain the age of the petitioner within one month of receiving this order. 9. Thereafter, the plea of the petitioner shall be decided by the Trial Court. 10. With the aforesaid direction the Criminal Revision Petition stands disposed of in the motion stage. JUDGE Comparing Assistant