Rambir Singh and Others vs State of Uttar Pradesh

This petition has been filed on behalf of six accused, who had been convicted by the learned Special Judge (E.C. Act) Aligarh, on 12.06.1991, in Sessions Trial No. 159 of 1990. When the matter was taken up for consideration, it was submitted on behalf of the Appellant No. 4-Bhojraj, S/o Rambir Singh, that he was a juvenile on the date of the commission of the alleged offence on 23rd November, 1989. It is true that the question of juvenility of the Appellant No. 4 had not been taken either before the Trial Court or before the High Court. However, having regard to the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000, and the amendments effected thereto in 2006, by the introduction of Section 7A, and the framing of the Juvenile Justice (Care and Protection of Children) Rules, 2007, having particular regard to Rule 12, it is now settled that such a question of juvenility can be raised at any time before any court and even after conviction.

This question came up for consideration in the case of Hari Ram Vs. State of Rajasthan, 2009(6)SCALE 695 , wherein the aforesaid provisions were explained and interpreted.

Having regard to the above, the case of the Appellant No. 4 will have to be treated separately from the other Appellants.

In the School certificate of the Higher School Examination conducted in the year 1989, it appears that the date of birth of the Appellant is shown as 15th December, 1972, which would make the age of the Appellant less than 18 years on the date of the alleged incident.

Since in this case the Appellant No. 4 has already been convicted and sentenced to life imprisonment, his case will be covered by the provisions of Sub-section (2) of Section 7A of the aforesaid Act. Sub-section (2) provides that if the court finds a person to be a juvenile on the date of the commission of the offence under Sub-section (1), it shall forward the juvenile to the Board for passing appropriate orders and the sentence, if any, passed by a court shall be deemed to have no effect.

Having regard to the above, let the case of the Appellant No. 4 be transmitted to the Juvenile Justice Board, Aligarh, for passing appropriate orders in terms of Section 15 of the Act, read with Rule 98 of the aforesaid Rules, within two months from the date of receipt of a copy of this order. The Registry is directed to communicate this order to the concerned court.

The appeal as far as the Appellant No. 4 is concerned, is accordingly, allowed to the aforesaid extent. The CRLMP. is also allowed and disposed of.

Let the appeal, as far as the other Appellants are concerned, be listed for hearing in the usual course.

The appeal as far as the Appellant No. 4 is concerned, is accordingly, allowed and the CRLMP. is also allowed and disposed of in terms of the signed order.

Let the appeal, as far as the other Appellants are concerned, be listed for hearing in the usual course. The Registry is directed to communicate this order to the concerned court.