Patna High Court - Orders
Amiriti Devi @ Amriti Kumari vs State Of Bihar on 23 February, 2010
Author: Dharnidhar Jha
Bench: Dharnidhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.177 of 1988
RAM CHANDRA MAHTO & ORS
Versus
STATE OF BIHAR
with
CR. APP (DB) No.139 of 1988
AMIRITI DEVI @ AMRITI KUMARI
Versus
STATE OF BIHAR
-----------
8 23. 02. 2010. Heard.
While hearing the present appeal, we came across the ground taken in the memo of appeal and, submitted also before us, that the Appellant No. 1, Ram Chandra Mahto could be less than 16 years of age on the date of occurrence. In support of the above ground and contention our attention was drawn to the statement of the accused under Section 313 Cr.P.C., a copy of which finds place at page 62 of the Paper Book, according to which, the court assessed the age of the Appellant No. 1 Ram Chandra Mahto as 21 years, though, the appellant has stated his age on 08. 01. 1998, on which date the statement of appellant Ram Chandra Mahto was recorded under Section 313 Cr.P.C. as 19 years. The date of occurrence is on 01. 04. 1979 and by computation one could say that appellant may be somewhere 12 years of age.
Section 7 (A) of the Juvenile Justice (Care and 2 Protection of Children) Act, 2000 reads as under;
"7 A (1) Whenever a claim of juvenility is raised before any Court or a Court is of the opinion that an accused person was a juvenile on the date of commission of offence, the Court shall make an inquiry, take such evidence as may be necessary (but not an Affidavit) so as to determine the age of such person, and shall record a finding whether the person is a juvenile or a child or not, stating his age as nearly as may be:
Provided that a claim of juvenility may be raised before any Court and it shall be recognized at any stage, even after final disposal of the case, and such claim shall be determined in terms of the provisions contained in this Act and the rules made thereunder, even if the juvenile has ceased to be so on or before the date of commencement of this Act.
(2) If the Court finds a person to be juvenile on the date of commission of the offence under Sub Section (1) it shall forward the juvenile to the Board for passing appropriate order, and the sentence, if any, passed by a Court shall be deemed to have no effect."
As per Section 7 (A) (1) of the above noted Act, if the Court is of the opinion that an accused person was a juvenile on the date of commission of offence, an enquiry has to be made by taking such evidence as may be necessary so as to determine the age of such accused. As may appear from the provision of Section 14 read with Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, enquiry is to be made by the Juvenile Justice Board or by the Child Welfare 3 Committee.
We direct the Juvenile Justice Board, Madhubani, to hold an enquiry on the plea of juvenility of Appellant No. 1, Ram Chandra Mahto and submit a report after concluding the enquiry as per provision of the above noted Act in six weeks from the date of receipt of a copy of the present order and submit the report immediately thereafter.
It may be necessary that photo copy of the School Leaving Certificate which has been annexed as Annexure-A to the present memo of appeal be also sent to the Juvenile Justice Board so that it can seek production of the official copy or original copy of the same either from the concerned institution or by the appellant at the time of hearing in that particular enquiry.
In case the Board is not satisfied with the evidence which may be placed before the Board, then it may direct the Civil Surgeon, Madhubani, to constitute a Board of Doctors for assessing the age of Appellant No. 1 Ram Chandra Mahto and submitting a report to the Board which may be used as evidence as regards the determination of the age of the Appellant Ram Chandra Mahto.
On receipt of the report, the present case shall be listed at the top of the daily cause list subject to any part heard matter under the same heading.
4
The appellant shall remain present physically before the Board as and when he is directed to be so by it.
The office may forward typed copy of the Fardbeyan of the informant which is available as Exihibit 1 of the list of exhibits for the prosecution to the Board for needful. Typed copy to be sent because the Exhibit appears written by pencil.
(Dharnidhar Jha,J.) (Birendra Prasad Verma,J.) m.p.