Punjab & Haryana High Court Directs Juvenility Test To Determine Age Of Man Convicted For Committing Rape In 1999

The Punjab and Haryana High Court has directed that a juvenility test be conducted to determine the age of a man convicted in 2001 for committing rape in1999. The direction came after the convict claimed he was a minor at the time of the offence, raising questions about the applicability of juvenile justice provisions in his case.

On the basis of School Leaving Certificate, counsel for the appellant contended that he was 16 years 06 months and 17 days old on the date of alleged commission of offence and even though the plea of juvenility was not raised before the trial Court, the same can be raised any time as held in various judgements.

Justice Shalini Singh Nagpal said, "this Court is prima facie satisfied that an inquiry into the claim of juvenility is necessary. Therefore, in the exercise of jurisdiction under Section 391 Cr.P.C., learned Sessions Judge, Yamuna Nagar at Jagadhri, is required to determine the age of the applicant on 19.06.1999, the date of alleged commission of offence, in accordance with the procedure provided under the Juvenile Justice (Care and Protection of Children) Act, 2015 and the rules framed thereunder; in the light of principles enunciated in Abuzar Hossain's case(supra) and Rahul Kumar Yadav's case(supra). The inquiry shall be completed within 03 months from today."

The application  was filed under Section 20 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (the Act of 2000), for declaring appellant “juvenile in conflict with law”.

The convict was tried in case arising out of FIR  under Sections 363, 366-A, 376 Indian Penal Code. The accused was convicted under Sections 363, 366 and 376 IPC.

Aggrieved with the judgment of conviction and order on quantum of sentence passed in, the convict preferred an appeal, which is now pending in the High Court.

In 2015, an application was moved on behalf of appellant under Section 20 of the Act of 2000 for declaring him a juvenile, he being less than 18 years of age, on the date of alleged commission of offence. Applicant claims to be a juvenile on the basis of School Leaving Certificate issued by S.D. Modern School Mill View Colony, Saharanpur (U.P.), wherein his date of birth is recorded as 02.01.1983.

The State Counsel contended that the School Leaving Certificate has been verified by the police and appropriate orders be passed.

As per State, the birth date entry of applicant could not be traced anywhere in Village Rampur Maniharan, District Saharanpur (U.P.).

It was stated that the Pradhan of village Rampur Maniharan had given in writing that 25 years ago, father of the applicant left the Village and there was no record in respect of birth of the appeallant. Even Anganwari Worker, Anjula (Asha) stated that she has no record in respect of birth of children since 2006.

Subsequently, another reply was filed by the State in 2024, according to which Principal of the School, verified the School Leaving Certificate, wherein date of birth of the applicant was recorded as 02.01.1983.

The judge noted that in Vinod Katara Vs. State of Uttar Pradesh 2022, then Supreme Court directed the Sessions Court to inquire regarding the age of the accused as per law, even though, he had crossed the age of 50 years and his appeal against conviction was rejected by Supreme Court.

Consequently, the Court directed that the copy of the order alongwith copy of the School Leaving Certificate and copy of application under Section 20 of the Juvenile Justice (Care and Protection of Children) Act, 2000, be transmitted to Sessions Judge, Yamuna Nagar at Jagadhri, for information and compliance.

Mr. H.P.S. Sandhu, Advocate as Amicus Curiae for the appellant.

Mr. Vikas Bhardwaj, AAG Haryana.

Title: SXXXX. V/S XXXX