Gauhati High Court
R/O Akher Ali vs The State Of Assam And Anr on 14 August, 2024
Bench: Kalyan Rai Surana, Soumitra Saikia
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GAHC010064382024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/387/2024
HASEN ALI
S/O AKHER ALI
R/O AKHER ALI
VILL.- HALDHIAPAR
P.S.- CHAPAR
DIST.- DHUBRI.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY P.P.
ASSAM.
2:MD. MOHAR ALI
S/O LT. BARON ALI
VILL.- KHARSHIMARI
P.S.- PANCHARATNA
BONGAIGAON.
------------
Advocate for : MR. A K BHUYAN
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
Linked Case : Crl.A./286/2023
HASEN ALI
S/O AKHER ALI
R/O AKHER ALI
VILL.- HALDHIAPAR
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P.S.- CHAPAR
DIST.- DHUBRI.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY P.P.
ASSAM.
2:MD. MOHAR ALI
S/O LT. BARON ALI
VILL.- KHARSHIMARI
P.S.- PANCHARATNA
BONGAIGAON.
------------
Advocate for : MR. A K BHUYAN
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 14.08.2024
[S. Saikia, J]
Heard Mr. A.K. Bhuyan, learned counsel for the appellant/applicant. Also
heard Mr. D.Das, learned Additional Public Prosecutor for State of Assam.
2. The appellant/applicant is before this Court praying for suspension of
sentence imposed by the Additional Sessions Judge, Bilasipara in Sessions Case
No. 168/2011, whereby petitioner was convicted and sentenced to undergo
inter alia imprisonment for life under Section 302/149 of IPC. The applicant has
submitted before this Court that on the date of the occurrence of the incident,
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which is 21.06.1999, he was a juvenile and his age was about 16 years, 11
months, 2 days. In support of his claims, he has enclosed a Birth Certificate. It
is the further contention of the applicant that in his statement under Section
313 Cr.P.C he has stated his age was 35 years in the year 2020. He, therefore,
makes a prayer before this Court to constitute a medical board to find out the
actual age of the applicant and submit a report to this Court. The earlier
Interlocutory Application filed being I.A(Crl.)/675/2023 seeking bail was rejected
by this Court vide order dated 11.01.2024.
3. Learned counsel appearing for the applicant has referred to Section 7-A of
the Juvenile Justice Care and Protection Act, 2000 to submit that where there is
a claim of juvenility raised before any Court, the Court shall make an enquiry
and take such evidence as may be necessary so as to determine the age, and
shall record a finding whether the person is a juvenile or a child, or not, stating
his age.
4. It is submitted that the consistent view of the Apex Court is that where a
claim of juvenility is raised before any Court at any stage, it is incumbent on the
Court to consider this prayer and apply the provisions of the Act. In support of
his contentions, Mr. A. K. Bhuyan, learned counsel for the appellant has placed
reliance on Ashok Vs State of Madhya Pradesh reported in 2021 SCC OnLine SC
3359 and Rahul Kumar Yadav Vs State of Bihar reported in 2024 SCC OnLine
SC 723. He, therefore, submits that the competent Court which convicted the
applicant be directed to conduct an enquiry into the claims of juvenility raised
by the applicant and thereafter furnish a report before this Court.
5. Mr. D. Das, learned Additional Public Prosecutor appearing for the State of
Assam submits that the State objects to the prayer for suspension of the
sentence and in that context has filed a written objection. He submits that this
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Interlocutory Application essentially was filed for suspension of sentence by the
applicant. He submits that considering that the sentence of life imprisonment
has been imposed by the competent Court and considering the gravity of the
offenses for which the applicant has been convicted, the application for
suspension of sentence does not merit consideration for suspending the
sentence.
6. Learned counsels for the parties have been heard. The pleadings available
in the Interlocutory Application have been carefully considered. Provisions of the
Juvenile Justice Care and Protection of Children Act, 2000 has also been taken
note of, as well as the Juvenile Justice Care and Protection of Children Act,
2015, which is currently in force. The claim of the appellant is based on birth
certificate, which he has relied upon and is enclosed to the Interlocutory
Application as Annexure 2, Page 92.
7. A perusal of the birth certificate reveals that this particular certificate is
shown to have been issued by the competent authority under the Department
of Health Sciences Services indicating the date of birth of the applicant to be
18.07.1982. The date of issue of the certificate is shown to be 10.01.2016.
There is no explanation furnished by the applicant in the Interlocutory
Application as to why the birth certificate came to be applied for in 2016 when
the applicant was shown to have been born in the year 1982. Be that as it may,
considering the avowed object and purpose of the Juvenile Justice Care and
Protection Act, 2000 as well as Juvenile Justice Care and Protection Act, 2015
read with the Rules framed thereunder, as well as taking into consideration the
Judgments of the Apex Court relied upon by this Court, this Court is of the
considered view that at this stage a report can be called for from the Additional
Session Judge, Bilasipara in respect of the claim of juvenility raised by the
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applicant by calling for all the original records necessary to verify the claim of
the applicant, which he has raised before this Court on the basis of the birth
certificate dated 10.01.2016 (Annexure 2 Page 92 of the I/A).
8. Let this report be placed before the Court within 8 (eight) weeks from
today.
9. Accordingly, matter be listed on 24.10.2024 by which time the report as
directed be called for from the Additional Session Judge and be placed before
this Court. While conducting the enquiry, the Additional Session Judge will also
take note of the provisions laid down under the Assam Registration of Births and
Deaths Rules, 1999 and the procedure prescribed thereunder.
10. All available documents in support of the evidence placed before this Court
may be called for by the Additional Sessions Judge, Bilasipara, Dhubri from the
family members of the applicant if so required. All official witnesses and records
and registers as may be necessary to conduct the enquiry as directed may also
be called for by the Additional Sessions Judge, Bilasipara, Dhubri from the
competent authorities of the Government. The State represented by the P.P or
Addl. P.P should also be permitted to participate in the enquiry
11. Registry is directed to transmit a copy of this order to the Additional
Sessions Judge, Bilasipara, Dhubri.
JUDGE JUDGE
Comparing Assistant
