February 18, 2019:
On Friday, the Bench comprising of Justices Ashok Bhushan and K.M. Joseph, observes that when an incident occurs prior to the year 2007, then the Rules in force during that time shall be applied to decide upon the question of 'Juvenility'.
Shri Neeraj Jain, learned Senior Advocate appearing for the appellant submits that appellant has right to raise the issue of juvenility at any stage, hence, he can raise this issue in the Apex Court in the present appeal.
It was submitted by the Learned Counsel that the certificate filed from Sant Kabir School, Hisar was a relevant certificate which ought to have been relied by trial court judge in his report. He submits that learned Sessions Judge erred in relying on birth certificate in which it is recorded that the appellant was born to Sh. Davender on 17.08.1981.
While pleading so, the learned Counsel for the appellant placed reliance on Rule 12 of Juvenile Justice (Care and Protection of Children) Rules, 2007.
According to him, Rule 12 deals with the procedure to be followed in determination of age. He submits that by virtue of Rule 12(3) the date of birth certificate from the school first attended was to be preferred than the birth certificate given by Corporation or Municipal Authority, or a Panchayat.
The Bench observes that, the date of birth of the appellant mentioned on the school certificate is 17.08.1982. The learned Counsel for the appellant on the strength of Rule 12 presses upon the court that the said certificate ought to have been accepted by the trial court.
While noticing the facts and circumstances in the present case, the Bench observes that Rule 12 of 2007 Rules are not applicable.
"The date of occurrence of offence in the present case is 23/24.05.2000 on which date Rule 2007 were not enforced. Even on the date when learned District and Sessions Judge submitted his report 08.05.2003 after holding inquiry, Rule 2007 was not in force."
The Bench opines that the relevant Rules which were required to be looked into are the Juvenile Justice (Care and Protection of Children) Rules, 2001.
It is also observed by the Apex Court that the learned High Court had no occasion to consider this issue since the appellant has not pressed the said issue before the High Court, and therefore holds it appropriate that the High Court be requested to consider the question of 'Juvenility' of the appellant afresh before proceeding to decide the appeal.
Read Judgment @ LatestLaws.com
GAURAV KUMAR @ MONU Vs STATE OF HARYANA_15-Feb-2019(Downloadable PDF)
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