Delhi High Court
Rambir @ Ghanta vs State on 4 February, 2015
Author: S. P. Garg
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
RESERVED ON : JANUARY 09, 2015
DECIDED ON : FEBRUARY 04, 2015
+ CRL.A.32/2014 & Crl.M.B.58/2014, Crl.M.A.No.20106/2014
RAMBIR @ GHANTA ..... Appellant
Through : Mr.Sitab Ali Chaudhary, Advocate.
versus
STATE ..... Respondent
Through : Ms.Kusum Dhalla, APP.
SI Neeraj Kumar, PS Mandawali.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P.GARG, J.
1. The appellant-Rambir @ Ghanta impugns a judgment dated
18.08.2012 in Sessions Case No.14/11 arising out of FIR No.559/10 under
Section 366/376 (2) (g)/506 IPC registered at Police Station Mandawali
by which he was held guilty for committing offence under Section 366/34,
376 (2)(g) and 506/34 IPC. By an order dated 22.08.2012 he was awarded
various prison terms with fine.
2. Allegations against the appellant as reflected in the charge-
sheet were that on 03.11.2010 at around 4:45 a.m. near Shani Mandi,
Ganesh Chowk, he along with his associates committed rape upon 'X'
(assumed name). FIR was registered on the complaint of the prosecutrix
'X'. The appellant and his associates were apprehended and arrested.
Statements of witnesses conversant with the facts were recorded. Exhibits
were sent to Forensic Science Laboratory for examination. After
completion of investigation, a charge-sheet was filed against the appellant
and co-convicts. The prosecution examined 18 witnesses to prove its
case. In 313 statement, the appellant denied his involvement in the crime
and pleaded false implication. The trial resulted in his conviction as
aforesaid. Being aggrieved and dissatisfied, the appellant has preferred
the instant appeal.
3. During the course of arguments, Crl.M.A.No.20106/2014
under Section 7-A of the Juvenile Justice (Care & Protection of Children)
Act, 2000 was filed by the appellant claiming juvenility on the day of
incident. Prayer was made to release him under Rule 98 of the Juvenile
Justice (Care & Protection of Children) Rules, 2007. State has filed status
report informing that at the time of arguments on the point of sentence, the
appellant had disclosed his age around 20 years.
4. The date of incident is 3.11.2010. Admitted position is that
the appellant was also arrested in case FIR No.124/09 under Section
379/34 IPC registered at Police Station Sun Light Colony, Delhi. I have
scrutinized the trial court record pertaining to the said FIR. On
23.07.2012, when the appellant was produced before the court in the said
proceedings, the learned Magistrate observed that the appellant appeared
to be below 18 years old. Since he was unable to produce any School
Leaving Certificate, the Investigating Officer was directed to do age
determination test. Subsequently, age determination test was conducted
by the Medical Board where his age was opined to be between 18 to 20
years. By an order dated 30.08.2012, the appellant was declared juvenile
and sent for trial before Juvenile Justice Board-II as the date of offence
was 22.12.2009.
5. Status report filed in the instant appeal affirms that age
determination test was conducted on 24.08.2012 in Case FIR No.124/09
registered at Police Station Sun Light Colony, Delhi and the age was
determined 18-20 years as on that day. There is nothing in the status
report to reveal if the petitioner had attended any school or his date of
birth was recorded in the record of municipal authorities. State has not
alleged any other specific date of birth of the appellant. Findings of the
trial court in FIR No.124/09 registered at Police Station Sun Light Colony
declaring the appellant juvenile were not challenged and have attained
finality. Nominal roll reveals that the appellant has already undergone the
sentence awarded to him in the said proceedings on 20.09.2012.
6. Since the appellant has already been declared juvenile, taking
into consideration the age determination test conducted on 24.08.2012
where his age was ascertained as 18-20 years, the appellant is to be
considered as juvenile in the instant case also as the date of incident is
3.11.2010.
7. Consideration the observations of the Hon'ble Supreme
Court in Mohan Mali & Anr. vs.State of Madhya Pradesh (2010) 6 SCC
669 in para 12,13 and 14 and having regard to the fact that the appellant-
Rambir @ Ghanta was minor on the date of commission of offence and
has already undergone more than the maximum sentence provided under
Section 15 of the Juvenile Justice (Care & Protection of Children) Act,
2000, by applying the provisions of Rule 98 of the Juvenile Justice (Care
& Protection of Children) Rules, 2007 read with Section 15 and 64 of the
Juvenile Justice (Care & Protection of Children) Act, 2000, appeal filed
by the appellant is allowed. Pending applications also stand disposed of.
The appellant be released forthwith if not required to be detained in any
other case.
8. Trial Court record along with a copy of this order be sent
back forthwith. A copy of the order be sent to Jail Superintendent, Tihar
Jail for intimation.
(S.P.GARG)
JUDGE
FEBRUARY 04, 2015
sa
