IMPORTANT POINT
In case of murder coupled with abduction in a given case may be considered to be a continuous offence.

JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. How to determine the age of a juvenile in delinquency within the meaning of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short the Act) is in question in this appeal which arises out of a judgment and order dated 11th September, 2001 passed by a learned Single Judge of the Delhi High Court in Criminal Revision No. 156 of 2007 whereby and whereunder an order dated 20th January, 2007 passed by a learned Additional Session Judge, Delhi, was set aside.

3. Appellant before us is the first informant, the father of a boy, Parkash Chadha @ Sunny who was kidnapped for ransom and later on murdered. He was aged about 20 years. He was found missing after he had gone out with his friends on 18th January, 2003. A missing report was lodged on the said date. On or about 19th January, 2003, Respondent No.1 was suspected of involvement in the said crime by the police. He, on the basis of the investigation carried out for the said purpose charge-sheeted for commission of offence under Sections 302/364/34 of the Indian Penal Court by the Court. Although the first information report was lodged on 19th January, 2003, the respondent No.1 was arrested on 4th May, 2003. A charge sheet was filed on 22nd July, 2003 wherein it was recorded that calls for payment of ransom were being made from time to time and last of such call for payment of ransom was received on 11th March, 2003. In regard to the finding out of the dead body of Parakh Chadha DD No. 40 under Section 302/201 of the Indian Penal Code was separately registered.

4. Upon his production, the respondent No.1 did not claim himself to be a juvenile. Charges were framed. The prosecution started adduction of evidence on or about 3rd February, 2005. Only on 31st May, 2005 respondent No.1 herein filed an application for transfer of the case to the Juvenile Board on the plea that he was a juvenile on the date of occurrence. A school leaving certificate was also produced. The Learned Additional Sessions Judge, trying the case, directed the Investigating Officer to submit a report. The report pursuant thereto reads as under :-

“Inquiry conducted into the matter revelas that Vikas Choudhary was admitted to Class-I in Lawrence School of Ashok Vihar Phase-I, Delhi vide Admission NO.412. The date of birth showed in the register 20.01.1985. There is no birth certificate or other document available in support of date of birth. The date of admission is 17.04.1989”.

5. The learned Sessions Judge was not satisfied therewith. The Investigating Officer was directed to get the respondent No.1 medically examined for getting his age determined. Pursuant thereto or in furtherance thereof, the respondent was examined medically. A report was submitted on 9th August, 2005. It reads as under :-

“HRH Medical Report

Advise X-Ray as per dorsal spine, medial ends of clavicles, V-C Scapulae in bony feature upper ending element, lower ends of radius iliac crusts have fixed. Interior angle of scapula, acromina processes, iliac crests, medial ends of clavicles are ischail lubordsiles show fusion of their epiphysis. Upper end lower surfaces of vertera show no fusion of their end plates. Radiological ages in between 22-25 yrs.”

The learned Judge on the said report, opined :-

“The report of Dr. P.K. Jain, Senior Radiologist about the bone age X-Ray determination of accused Vikas Choudhary received today. As per the report, the age of accused/applicant Vikas Choudhary on the date of his examination was between 22-25 years. On calculation, the age of accused Vikas Choudhary on the date of incident, i.e. 18.01.2003 come to be 19 years and 5 months. So far as the matriculation certificate of accused/applicant Vikas Choudhary is concerned, it is a common practice that parents mention the age of their children on the lesser side in the school in order to avail the benefit in the services later on. Hence, no weightage can be given to the matriculation certificate