ORDER : 1. In paragraph 11 of the judgment Naresh v. State, Criminal Appeal No. 1481 of 2001, decided on 21.7.2009 (Utt) of the High Court it has been observed as under:- "Learned counsel for the appellants contended that appellants Gadha and Babla were minors on the day of the incident. But n such suggestion was made to any of the witnesses nor is any evidence adduced in defence. Rather, the accused/appellants Gadha and Babla have disclosed their age 20 years on the day when their statement under Section 313 Cr.P.C. Were recorded also makes out a case that their age was more than 16 years on the day of the incident. It is pertinent to mention here that on the day of the incident and during the trial, Juvenile Justice Act, 1986 was applicable to the cases of Juveniles and not Juvenile Justice (Care and Protection of Children) Act, 2000." 2. In the light of the amendment made in the Juvenile Justice Act, (Care and Protection of Child), 2000, a male upto the age of 18 years is now presumed to be a juvenile. in this view of the matter, we feel that an inquiry ought to be held by the Sessions Judge concerned or his nominee to go into the question of the age of the appellant and to determine the same as on the day when the incident happened. A report be submitted to this Court within four months. 3. The parties are directed to appear before the Sessions Judge, Nainital on the 10th June, 2011.