Narendra Soren vs The State Of Jharkhand
2024 Latest Caselaw 9218 Jhar

Jharkhand High Court

Narendra Soren vs The State Of Jharkhand on 12 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

        IN   THE   HIGH COURT OF JHARKHAND AT RANCHI
                   Criminal Appeal (D.B.) No.1384 of 2023
                                 -------
        Narendra Soren.                              ... ... Appellant
                                    Versus
        The State of Jharkhand.                   ... ... Respondent
                                ------
              CORAM : SRI ANANDA SEN, J.

: SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant : Ms. Neeharika Mazumdar, Advocate.

Mrs. Jasvindar Mazumdar, Advocate For the State : Ms. Nehala Sharmin, A.P.P.

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12/ 12.09.2024

I.A. No.2026 of 2024 This Interlocutory Application has been filed by the

appellant praying therein to declare him a juvenile.

2. The appellant has been convicted and sentenced in

connection with Sessions Trial No.96 of 2021. He has been

convicted for the offences under Sections 302/ 201/ 34 of the

Indian Penal Code. He was sentenced to undergo rigorous

imprisonment for life with fine of Rs.20,000/- under Section

302/34 of the Indian Penal Code, along with other sentence for

other offence.

3. Heard, learned counsel for the appellant and learned

A.P.P. for the State and have gone through the impugned

judgment, the evidence and the Trial Court Records.

4. Learned A.P.P. representing the State opposes the

aforesaid prayer.

5. Learned counsel representing the appellant submits

that the age of this appellant is 16 years 8 months on the date

of occurrence, thus, being below 18 years, Section 15 of the

Juvenile Justice (Care and Protection of Children) Act, 2015,

should have been followed and his mental status should have

been checked before placing the matter to the Court.

6. On query, it has been vehemently submitted that

now the age of the accused is more than 20 years. Thus, on

the facts of this case, the issue is covered by the order passed

by us in the case of Sobhnath Bhogta @ Somnath Pradhan

& Anr. Vs. The State of Jharkhand in Criminal Appeal

(D.B.) No.93 of 2022 alongwith another connected matter,

wherein it has been held that though the plea of juvenility can

be taken at any stage but if the juvenile is aged between 16 to

18 years, he has to take it at the earlier stage and it cannot be

taken at the Appellate stage, more so when he has crossed 18

years of age. The reason behind this is that what was the

mental status of the accused on the date of occurrence could

not be assessed after he had crossed the age of 18 years.

7. Thus, being covered with the order passed in the

case of Sobhnath Bhokta (supra), we find no merit in this

interlocutory application.

8. Accordingly, this Interlocutory Application is

dismissed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.)

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