IMPORTANT POINT
Plea of juvenility can be raised at any point of time.

Judgment :

Leave granted.

This appeal is directed against the judgment and order dated 10th February, 2009, passed by the Calcutta High Court in CRR No. 2535 of 2005, dismissing the application filed on behalf of the appellants claiming that they were minors at the time of the alleged offence and that they could not, therefore, be tried along with the adult co-accused.

The only ground for rejection of the appellants' application by the trial Court was that the application had been made at a belated stage and the same, therefore, could not be entertained.

We are unable to agree with the said view expressed by the High Court in view of the statutory provisions of Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000, as amended in 2009 (for short "The Act"). Section 7A of the Act, as it now reads, gives right to any accused to raise the question of juvenility at any point oftime, and if such an issue is raised, the Court is under an obligation to make an inquiry and deal with the question. The said Section has to be read along with Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, as amended in 2007. Accordingly, the said observation of the High Court cannot be sustained and is set aside. However, despite holding that the application had been made belatedly, the High Court has also granted liberty to the appellants to raise their plea of juvenility and to establish the same before the Additional Sessions Judge at the stage of the examination under Section 313 Cr.P.C.

Section 7A of the above Act reads as follows:

"Procedure to be followed when claim of juvenility is raised before any court. -(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 the 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 recognised 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 a juvenile on the date of commission of the offence under sub-section (1), it shall forward the juvenile to the Board for passing appropriate orders and the sentence, if any, passed by a court shall be deemed to have no effect."

Rule 12 of the 2007 Rules provides the procedure to be followed in determination of age and is also set out herein below:

"Procedure to be followed in determination of Age (1) In every case concerning a child or a juvenile in conflict with law, the court or the Board or as the case may be the Committee referred to in rule 19 of these rules shall determine the age of such juvenile or child or a juvenile in conflict with law within a period of thirty days from the date of making of the application for that purpose.

(2) The Court or the Board or as the case may be the Committee shall decide the juvenility or otherwise of the juvenile or the child or as the case may be the juvenile in conflict with law, prima facie on the basis of physical appearance or documents, if available, and send him to the observation home or in jail.

(3) In every case concerning a child or juvenile in conflict with law, the age determination inquiry shall be conducted by the court or the Board or, as the case may be, the Committee by seeking evidence by obtaining-

(a) (i) the matriculation or equivalent certificates, if available; and in the absence whereof;

(ii) the date of birth certificate from the school (other than a play school) first attended; and in the absence whereof;

(iii) the bir