retired. In addition to the mark sheets by the institution,
there is also the date of birth certificate issued by the
institution (I-3). Further, the original Scholar register and
other documents were also produced before the Trial
Court in the inquiry. This Court, therefore, has no reason
to doubt the correctness of the conclusion arrived at by
the Trial Court regarding the date of birth of the appellant.
We, therefore, accept the report of the Trial Court and hold
that the appellant was aged 15 years, 4 months and 20
days on the date of the incident.
10. In order to test the submission of learned counsel for
the respondent-State, Section 94 of the 2015 Act which is
relevant is reproduced hereunder:
“94 Presumption and determination of age:
(1) Where, it is obvious to the Committee or the Board,
based on the appearance of the person brought before
it under any of the provisions of this Act (other than
for the purpose of giving evidence) that the said person
is a child, the Committee or the Board shall record
such observation stating the age of the child as nearly
as may be and proceed with the inquiry under section
8
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