Hari @Ratanraj vs The State Of Madhya Pradesh
2023 Latest Caselaw 7263 MP

                                                                           1
                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                   CRA No. 1891 of 2005
                                                   (HARI @RATANRAJ AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                      Dated : 03-05-2023
                                            Shri Shashank Shekhar - Senior Advocate with Shri Samresh Katare -

                                      Advocate for appellants.
                                            Shri S.S. Chauhan - Government Advocate for respondent.

I.A. No. 16464 of 2014 is an application filed by appellant No.2- Raj alias Dharmraj with a prayer to set aside the judgment of conviction and sentence

dated 23.08.2005 passed in S.T. No.383 of 1986 on the ground that he was a juvenile as on the date of alleged incident and therefore, the trial court had no jurisdiction to conduct the trial against him.

There is no objection filed by the State. However, the learned counsels for both sides have addressed the arguments.

On considering the same, we are of the view that the claim of the appellant No.2 that he was a juvenile on the date of alleged incident is not forthcoming so far as the facts are concerned. Therefore, it is only just and

necessary to direct the Juvenile Court to conduct a preliminary enquiry to ascertain the age of the appellant No.2 and to submit report in that regard. As and when such report is filed, the court will consider the same accordingly. The concerned jail authorities are hereby directed to comply any direction or otherwise of the Juvenile Court for the purposes of ascertaining the age of the appellant No.2. The Board is also entitled to hear the appellant No.2, if Signature Not Verified SAN

necessary.

Digitally signed by MANVENDRA SINGH PARIHAR Date: 2023.05.04 14:25:53 IST Call after the report is received.

                                            (RAVI MALIMATH)       (VISHAL MISHRA)
                                              CHIEF JUSTICE            JUDGE
                                      MSP




Signature Not Verified
  SAN

Digitally signed by MANVENDRA SINGH PARIHAR Date: 2023.05.04 14:25:53 IST