d)
Lastly, if under the first and second columns,
documents are not available, then reference to medical
board and holding of an ossification test comes into
play.
12. In the present case, there being birth certificate from
the school available and that too a government primary
school, we do not find any reason to doubt its correctness
and all the more when it has been duly proved in the
inquiry before the Trial Court. Thus, the objections raised
by the learned counsel for the State are liable to be
rejected.
13. The next question is as to what relief the appellant
can be granted in view of the fact that he has been held to
be a child and that too below 16 years of age under the
2015 Act. In this context Section 9 of the 2015 Act would
be relevant. The same is reproduced hereunder:
“9. Procedure to be followed by a Magistrate who
has not been empowered under this Act.—
(1) When a Magistrate, not empowered to exercise the
powers of the Board under this Act is of the opinion that
12
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