Sameer Lakra vs The State of Jharkhand

Harish Chandra Mishra, J.—Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is aggrieved by the order dated 11.10.2012 passed by the learned Sessions Judge, Gumla, in S.T. No. 241 of 2011/G.R. No. 340 of 2011, arising out of Dumri P.S. Case No. 11 of 2011, whereby the application filed by the petitioner to declare him a juvenile, was rejected by the Court below.

It appears that the petitioner has been made accused for the offences under Sections 302, 201/ 34 of the IPC. The case relates to murder of the father of the Informant and the case was instituted against unknown. It further appears that the petitioner has been made accused in the case and after taking cognizance against the petitioner, the case was committed to the Court of Session, where the petitioner filed his application for declaring him to be juvenile.

The impugned order shows that the school admission register and the transfer certificate were produced in the Court below, and in view of the fact that there was difference in the date of birth of the petitioner in those documents, the Court below has not placed reliance upon these documents and the Court below has rejected the application of the petitioner for declaring him to be a juvenile.

However, it is apparent from the impugned order that the Court below has rejected the application of the petitioner for declaring him to be a juvenile without taking steps as required under Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007, for determination of the age of the petitioner, which was required to be done.

In that view of the matter, the impugned order cannot be sustained in the eyes of law. Accordingly, the impugned order dated 11.10.2012 passed by the learned Sessions Judge, Gumla, in S.T. No. 241 of 2011/G.R. No. 340 of 2011, arising out of Dumri P.S. Case No. 11 of 2011, is hereby, set-aside and the Court below is directed to take the steps for determining the age of the petitioner in accordance with the procedure prescribed under Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007. With these directions, this application is allowed.