IMPORTANT POINT
Declaration of the age of the child who is in conflict with law by mere reliance upon a School Leaving Certificate or even a positive proof of the certificate of registration of birth ipso facto should not be the foundational basis to declare a person juvenile more particularly, when such a juvenile is accused of having committed a heinous offence particularly when days or few months separated him from adulthood.

JUDGMENT

Mahesh Grover, J.—The petitioner impugns the order dated 2.1.2013 of the learned Additional Sessions Judge, Palwal wherein his prayer for release on bail in terms of Section 15 read with Section 12 of the Juvenile Justice (Care & Protection of Children Act), 2000 (hereinafter referred to as the Act) was declined.

2. The petitioner is facing proceedings in a case pertaining to the death of one Sheela Devi who went missing and was found to have been murdered.

3. The petitioner and his accomplices were stated to have caused the death of Sheela Devi and severed her head and hand which were subsequently recovered upon the disclosure statement made by them. Likewise, the slippers and the saree which the deceased was wearing, were also recovered at their behest

4. The Juvenile Justice Board vide its order dated 20.12.2012 declined the prayer for bail which was made before it and the learned Additional Sessions Judge, Palwal upheld the same primarily on the ground that there were reasonable grounds for believing that the release of the juvenile/petitioner is likely to bring him into association with known criminals and expose him to moral, physical and psychological danger and that his release would defeat the ends of justice.

5. Learned counsel for the petitioner while impugning the order, has relied upon the provisions of Section 12 of the Act to contend that a juvenile has necessarily to be released on bail unless or until exceptional circumstances are shown to exist which would give rise to an apprehension that his release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. He has contended that this has to be shown to exist in the order, otherwise it will result in injustice to the juvenile.

6. To examine this controversy, it would be imperative to extract the provisions of Sections 12 and 14 of the act which are as under :-

“12. Bail of juvenile.—(1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.

(2) When such person having been arrested is not released on bail under sub-section (1) by the officer incharge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board.

(3) When such person is not released on bail under sub-section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the enquiry regarding him as may be specified in the order.

7. It is now imperative to understand how a person in conflict with law can be determined to be a juvenile so as to avail himself of the benefit of Section 12, as also other intended benefits flowing from the statute. It would be purposeful to extract Section 14 of the Act here :-

“14. Inquiry by Board regarding juvenile.- (1) Where a juvenile having been charged with the offence is produced before a Board, the Board shall hold the inquiry in accordance with the provisions of this Act and may make such order in relation to the juvenile as it deems fit :

Provided that an inquiry under this section shall be completed within a period of four months from the date of its commence