The State Of Jharkhand vs Mithu Rai
2023 Latest Caselaw 2187 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI

                  Death Reference (DB) No. 02 of 2020
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The State of Jharkhand ... ... Appellant Versus

1. Mithu Rai

2. Ashok Rai

3. Pankaj Mohali ... ... Respondents with Criminal Appeal (DB) No. 493 of 2020

1. Mithu Rai

2. Ashok Rai

3. Pankaj Mohali ... ... Appellants Versus The State of Jharkhand ... ... Respondent

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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

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     For the State       : Mr. Pankaj Kumar, PP
     For the Convicts     : Mr. Rajeeva Sharma, Sr. Advocate;
                            Mr. Ritesh Kumar, Advocate;
                            Mr. Kumar Vaibhav, Amicus
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Order No. 08/Dated: 16 June, 2023

This Death Reference was admitted for hearing on 20 th May 2020. Thereafter it was next listed before the Bench on 13 th March 2023 and that too at the instance of the Court when, a direction was issued to the Registry to list all Death Reference cases on priority basis.

2. On 13th March 2023, Mr. Kumar Vaibhav, the learned Amicus has appeared for the convicts and a detailed order was passed by this Court for expediting hearing of this Death Reference.

3. However, on account of some technical reasons such as preparation of paper-book, written submissions etc. hearing of this Death Reference could not start.

4. And, when the matter was next listed on 14 th June 2023, this was brought to our notice that a supplementary affidavit has been filed on behalf of the convicts, namely, Ashok Rai and Pankaj Mohali who are the respondent nos. 2 & 3 respectively in this Death Reference and the matter was adjourned for 15th June 2023.

5. The order dated 14th June 2023 passed by this Court reads as under:

"Order No. 06/Dated: 14th June, 2023 In compliance of the order dated 12th May 2023, a report from the District & Additional Sessions Judge-I-cum-Special Judge (POCSO), Dumka has been received with reference to psychiatric and psychological evaluation report of the Civil Surgeon-cum-Chief Medical Officer, Dumka.

                                    -2-               Death Reference (DB) No. 02 of 2020
                                                                      with
                                                     Criminal Appeal (DB) No. 493 of 2020

The Principal Probation Officer, Dumka has also sent his report regarding the background, criminal antecedent and conduct of the convicts while serving the sentence imposed upon them.

Let copies of these reports be served upon Mr. Pankaj Kumar, the learned Public Prosecutor and Mr. Kumar Vaibhav who is appearing for the convicts as legal aid counsel.

Mr. Rajeeva Sharma, the learned senior counsel who appears for the convicts Ashok Rai and Pankaj Mohali, states that the convicts have raised a plea of juvenility.

For considering the supplementary affidavit dated 27th April 2023 filed on behalf of Ashok Rai and Pankaj Mohali, post these matters tomorrow i.e. 15th June 2023."

6. Mr. Ritesh Kumar, the learned counsel for the convicts, refers to the judgment in "Bhola Bhagat & others v. State of Bihar" (1997) 8 SCC 720 to submit that a minor who has been convicted for an offence cannot be sentenced to any term of imprisonment and even if the trial has concluded his sentence is required to be set-aside by the Court. The learned counsel for the convicts would further submit that the plea of juvenility which could have been very well raised by the convicts before the trial Court but inadvertently or on account of lack of knowledge was not pressed on their behalf can be raised at any stage of trial, revision, appeal or even in the Hon'ble Supreme Court for the first time.

7. To support his submission, the learned counsel for the convicts would refer to the judgment in "Umesh Singh v. State of Bihar" (2000) 6 SCC 89.

8. Having regard to the aforesaid facts and circumstances in the case, though there is no formal application by the convicts, taking cognizance of the supplementary affidavit dated 27th April 2023 to conduct an inquiry in terms of section 9(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, the learned Juvenile Justice Board, Dumka is directed to conduct an inquiry and forward a report to this Court within four weeks.

9. Post these matters on 21st July 2023.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) Sharda/SB