Josi @ Jagdish vs State Of Rajasthan
2022 Latest Caselaw 7931 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Criminal Misc. Appli No. 158/2022

Josi @ Jagdish

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Surendra Surana For Respondent(s) : Mr. B.R. Bishnoi, AGC

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

26/05/2022

The instant application has been moved on behalf of the

appellant Josi @ Jagdish S/o Chopa for determination of his age

and to treat him to be a "child in conflict with law" on the date of

the incident.

Learned Public Prosecutor has been provided copy of the

application.

A perusal of the record reveals that the Transfer Certificate

(Ex.D1A) was presented during the evidence of DW.3 Choparam,

father of the accused Josi @ Jagdish wherein date of birth of

Jagdish (the accused-appellant) is recorded as 15.07.1998.

However, on a perusal of the impugned judgment, it becomes

clear that the trial court, totally ignored the said material piece of

evidence. If the certificate had been dealt with as per law, the

appellant would have been treated as a "child in conflict with law"

within the meaning of Juvenile Justice Act. The approach of the

(2 of 2) [CRLMA-158/2022]

learned trial court in ignoring this material piece of evidence is

perfunctory and capricious on the face of record.

It may be stated here that even under the Juvenile Justice

(Care & Protection of Children) Act, 2000, the age of juvenility was

fixed at 18 years. Thus, irrespective of the fact that the offence

was committed before coming into force of the Juvenile Justice

Act, 2015, in case the appellant is found to be below 18 years of

age on the date of the incident, he was required to be treated as a

juvenile/child in conflict with law.

Thus, the Registry is directed to remit the original record to

the trial court i.e., Addl. Sessions Judge No.1 Abu Road Camp

Pindwara. The trial court shall summon the SHO concerned and

procure the relevant school records and hold an enquiry to

determine the age of the appellant Jagdish @ Josi as per the

procedure provided under the Juvenile Justice (Care & Protection

of Children) Act, 2015. The trial court shall also be at liberty to

summon the accused Josi @ Jagdish from the Central Jail,

Jodhpur, if so required. The enquiry shall be completed within a

period of sixty days from the date of receipt of record. The report

shall be forwarded to this Court immediately thereafter.

List on 04.08.2022.

(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J 16-Sudhir Asopa/-

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