Research › Search › Judgment

Rajasthan High Court · body

2023 DIGILAW 198 (RAJ)

Brij Bhushan v. State

2023-01-17

MAHENDAR KUMAR GOYAL

body2023
ORDER : Mr. Mahendar Kumar Goyal, J. - The matter comes up on applications (1/2020 in SB CRLA No.345/1987 & 1/2020 in SB CRLA No.353/1987) filed by the appellants under Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for brevity "the Act of 2000:) wherein, they stated that as per their school record, their date of birth is 12.07.1967 & 05.07.1967 respectively as is reflected from the certificate issued by the Government Higher Secondary School, Masalpur, District Sawai Madhopur placed on record as Annexure-A/1. It is stated that the incident being of 28.01.1985, the appellants were below eighteen years of age on that date and therefore, were juvenile as defined under Section 2(k)(1) of the Act of 2000. It is further contended that trial against them has been conducted treating them as adults and hence, the same stands vitiated. It is prayed that an enquiry may be ordered to be conducted to ascertain their juvenility. 2. The respondents has, in its reply, submitted that as per the letter dated 17.12.2022 issued by the Gram Panchayat Masalpur, District Karauli in appeal No.345/1987 and letter dated 17.09.2022 issued by the Government Higher Secondary School, Masalpur District Karauli in appeal No.353/1987, date of birth of the appellants was 19.07.1967. 3. Learned counsel for the appellants submits that in view of the documentary evidence on record, it is incumbent that an inquiry be conducted to determine their age on the date of incident and if they are found to be juvenile upon such inquiry, appropriate order be passed. 4. Learned Public Prosecutor has no objection to the aforesaid prayer. 5. Heard. Considered. 6. It is trite law that juvenility of an accused has to determined as and when pleaded at any stage of case. 7. Taking into consideration the contentions advanced by learned counsels for the respective parties and the material on record which reflects prima-facie that the appellants might be juvenile on the date of incident, this Court deems it just and proper to allow the applications (1/2020 in SB CRLA No.345/1987 & 1/2020 in SB CRLA No.353/1987). 8. The applications are allowed. 7. Taking into consideration the contentions advanced by learned counsels for the respective parties and the material on record which reflects prima-facie that the appellants might be juvenile on the date of incident, this Court deems it just and proper to allow the applications (1/2020 in SB CRLA No.345/1987 & 1/2020 in SB CRLA No.353/1987). 8. The applications are allowed. The learned trial Court, i.e., the Additional Sessions Judge, Karauli is directed to make an inquiry to determine age of the appellants on the date of incident, i.e., 28.01.1985 within a period of three months from the date of communication of this order and to send his report to this Court. 9. Record of the learned trial Court be sent back with a direction to remit the same back to this Court along with inquiry report.