Surjeet Singh vs State
2013 Latest Caselaw 546 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                        RESERVED ON: January 28, 2013
                        DECIDED ON : February 05, 2013

+                                     CRL.A.No.376/2001

       SURJEET SINGH                                       ..... Appellant
                              Through : Mr.A.J.Bhabhani withMs.Nisha
                                        Bhambhani and Ms.Lakshita Sethi,
                                        Advocates.
                              Versus
       STATE                                      ..... Respondent
                              Through : Mr.M.N.Dudeja, APP for the State.
        CORAM:
        MR. JUSTICE S.P.GARG
S.P.GARG, J.

Crl.M.A.No.18898/2010 in Crl.A.No.376/2001

1. The appellant Surjeet Singh has claimed juvenility. It is

stated that he was below 18 years of age on the date of commission of the

offence i.e. 17.09.1996. His date of birth as recorded in the school

certificate is 14.11.1980.

2. I have heard the learned Additional Public Prosecutor and the

counsel for the appellant. The appellant was convicted for committing

offence punishable under Section 376(g)/34 IPC and sentenced to undergo

RI for ten years with fine `5,000/- by judgment dated 15.11.2000. He

has challenged the conviction. Substantive sentence of the appellant was

suspended vide order dated 29.04.2002.

3. Perusal of the Trial court record reveals that earlier also the

appellant had claimed juvenility and the matter was referred to the

Juvenile Court for determination of appellant's age. After conducting

detailed inquiry vide order dated 17.03.1999, the Juvenile Court

concluded that the appellant was above 16 years on the date of

commission of the offence. Since in 1999, the age for trial of cases before

the Juvenile Court was 16 years, the matter was sent back for trial before

Sessions Court. The 1986 Act was replaced by the Juvenile Justice (Care

and Protection of Children) Act 2000 (hereinafter referred to as 'Act').

Clause (K) of Section 2 of the Act defined 'Juvenile' or 'child' to mean a

person who had not completed 18th year of age. The appellant claims that

he was below 18 years on the date of alleged commission of the offence

i.e.17.09.1996. He has produced school certificate where his date of birth

recorded is 14.11.1980. The Juvenile court had conducted ossification

test for determination of age and had examined the concerned doctor who

was of the opinion that the age of the appellant was 17-18 years on

17.09.1996. The Juvenile Court discarded the age recorded in the school

record but relied on the medical evidence and was of the view that the

appellant was above 16 years. Section 7A came to be inserted by Act 33

of 2006. It provides the procedure to be followed when the claim of

juvenility is raised before any Court. The Central Government has framed

rules tiled the Juvenile Justice (Care and Protection of Children), Rules

2007. Rule 12 provides for the procedure to be followed in determination

of age.

4. Since the earlier inquiry was conducted before coming into

force of Section 7A of the Act and Rule 12 of the Juvenile Justice (Care

and Protection of Children) Rules, 2007, a fresh inquiry for determination

of age of the appellant is required to be conducted to ascertain his age on

the date of alleged commission of the offence. Accordingly, Trial Court is

requested to conduct inquiry under Section 7A of the Act read with Rule

12 of Juvenile Justice (Care and Protection of Children) Rules, 2007 for

determination of the age of the appellant and submit its report preferably

within two months.

5. The parties are directed to appear before the Trial Court on

11th February, 2013. The matter be listed before the Court on 17th April,

2013. Trial Court record be sent back forthwith.

(S.P.GARG) JUDGE February 05, 2013 sa