IN THE SUPREME COURT OF INDIA

CRIMINAL  APPELLATE JURISDICTION

CRIMINAL  APPEAL  NO. 605   OF 2009

[Arising out of SLP(Crl.) No. 3896/2007]

STATE OF HARYANA  ... APPELLANT(S) :VERSUS:

JASWINDER SINGH @ SINDU ... RESPONDENT(S) WITH

CRIMINAL  APPEAL  NO. 615   OF 2009

[Arising out of SLP(Crl.) No. 1090/2007]

SUNIL KUMAR  ... APPELLANT(S) :VERSUS:

STATE OF HARYANA AND ANR. ... RESPONDENT(S)

O R D E R

Leave granted.

Having heard the learned counsel appearing on behalf of the parties, we are of

the opinion that as the date of birth of the respondent-accused is in question in these

matters and the Courts below have taken contrary views, interest of justice would be

subserved if before final determination of the question as to whether the respondent-

accused was a juvenile  or not on the date of occurrence,  within the meaning of the

Juvenile Justice (Care & Protection of Children) Act, 2000, he is examined by a Medical

Board constituted by the Civil Surgeon, Kaithal. We direct accordingly.

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The  report  of  the  Medical  Board  may  be  placed  before  the  learned  Trial

Judge, within three months from date, for consideration thereof afresh.  

The Registry shall  send a copy of  this  order to  the Civil  Surgeon,  District

Kaithal, Punjab.

The appeals are disposed of accordingly.

..........................J (S.B. SINHA)

..........................J   (Dr. MUKUNDAKAM SHARMA)    NEW DELHI, MARCH 27, 2009.