Jharkhand High Court
Fulchand Oraon vs The State Of Jharkhand on 8 October, 2015
Author: Amitav K. Gupta
Bench: Amitav K. Gupta
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1020 of 2015
Fulchand Oraon, S/o Late Aghnu Oraon, R/o Village-Barrang Tangartoli,
P.O-Hutar, P.S.-Ghaghra, Dist.-Gumla ...... Petitioner
Versus
The State of Jharkhand ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Petitioner : Mr. A.K. Kashyap, Sr. Advocate
Mr. Anurag Kashyap, Advocate
Mrs. Supriya Dayal, Advocate
For the State : A.P.P.
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02/Dated: 08/10/2015
This revision is directed against the order dated 21.04.2015 in S.T. No. 385 of 2014 arising out of G.R. No. 236 of 2014 corresponding to Ghaghra P.S. Case No. 16 of 2014 passed by learned Additional Sessions Judge-IIIrd, Gumla, whereby the petitioner's prayer for declaring him a juvenile has been rejected.
2. Learned counsel for the petitioner while placing reliance on the decision in the case of Subodh Nath and Another Vrs State of Tripura reported in (2013) 4 SCC 122 has contended that the Hon'ble Apex Court has held that for determining the age of juvenile in conflict with law an enquiry is to be conducted under Section 7-A of the J.J. Act and the procedure as prescribed under Rule 12 of Juvenile Justice (Care and Protection of Children) Rules, 2007, has to be adhered to in every case concerning the juvenile in conflict with law. Learned counsel has submitted that Rule 12, prescribes that for determination of the age of a juvenile, firstly the matriculation or equivalent certificates of the juvenile in conflict with law shall be considered; in absence thereof the date of birth certificate from the school (other than the play school) first attended, and in the absence, thereof, birth certificate issued by Corporation or Municipal Authority or the Panchyat is to be looked into. It is only in the absence of the certificates as enumerated under Section 12(3)(a)(i)(ii)(iii) that the medical opinion can be sought in terms of Rule 12(3)(b). That the petitioner had produced the school admission register as also the school transfer certificate wherein the date of birth has been mentioned as 02.10.1998. That the court below without following the procedure of enquiry as mandated under Section 7-A of the J.J. Act, 2000 read with Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 has called for the medical report. Such an order is against the provisions of law and the judicial pronouncements of the Hon'ble Supreme Court.
On the above ground, learned senior counsel has argued that the impugned order is fit to be set aside. It is submitted that the matter be remitted to the court below to determine the age of juvenile of Section 7-A of the J.J Act and the procedure laid down under Rule 12(3)(a) of the Rules.
3. Learned A.P.P. has submitted that as per the medical report the petitioner was aged 19 years on the date of the alleged crime and the order does not require any interference.
4. Heard. It is settled principle that for determining the age of juvenile in conflict with law an enquiry is to be conducted under Section 7-A of the Juvenile Justice (Care and Protection of Children),Act, 2000, in accordance with the procedure prescribed under Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007. It is amply clear that the learned Additional Sessions Judge without following the procedure, and without considering the documents of the petitioner has called for the medical opinion regarding the age of the petitioner. Such an order is not in consonance with the provision and is in contravention to law and the procedure prescribed under the J.J. Act, and Rules for determining the age of juvenile.
5. Therefore, considering the fact that the impugned order has been passed without adhering to the provisions of the J.J. Act, 2000 and the Rules, 2007, consequently it is hereby set aside. The matter is remitted to the court below to conduct an enquiry under Section 7-A in accordance to the procedure prescribed under the J.J Act, 2000 and Rules, 2007 for determining the age of the petitioner.
6. With the said observation and direction the revision application is hereby disposed of.
(Amitav K. Gupta, J.) Satayendra/