Protection of Children) Act, 2000, the State Government is empowered to carry the purposes of the Act by publishing notification in the official gazette. If any State frames such model Rules then such Rule is applied in the particular State unit but the learned appellate court over looking the provision of law placed reliance on Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 that too without verifying the genuineness of the matriculation certificate of the accused. This is more important whether that document is a genuine or not which requires to be verified from the concerned Board, so for the aforesaid irregularity and illegality the impugned order dated 09.06.2016, passed by the learned Additional District & Sessions Judge, 6th , Bhagalpur in Criminal Appeal No.17 of 2016 is set aside and the matter is again remanded back to the Juvenile Justice Board for conducting afresh age determination enquiry as per the provision of Rule 11 of the Bihar Juvenile Justice (Care and Protection of Children) Rules, 2012, the Rule effective at the time of the alleged occurrence. It is also reiterated that during the enquiry the genuineness of the matriculation certificate be also verified by the concerned examination board and as per Rule 11 of the Rules the matriculation or equivalent certificate and the date of birth certificate from the first attended school is the most relevant document for the age determination. In absence of these two documents further
