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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SUSMITA PHUKAN KHAUND
Bablu Kando, S/o. Late Deben Kando – Appellant
Versus
State Of Assam, Represented By PP, Assam – Respondent
| Table of Content |
|---|
| 1. juvenile's age determination and trial. (Para 2 , 3 , 4) |
| 2. judgment against juvenile trial declared ineffective. (Para 5 , 9) |
| 3. plea of juvenility can be raised at any stage. (Para 6 , 8) |
| 4. forwarding juvenile to board for appropriate orders. (Para 10 , 11 , 12) |
JUDGMENT :
SUSMITA PHUKAN KHAUND, J.
Heard learned counsel Mr. S. Dey for the appellant X, Ms. N. Das, learned Additional Public Prosecutor for the respondent State and learned counsel Mr. D. Gogoi for the respondent No. 2.
2. Vide order dated 05.09.2025, the Special Judge (POCSO), Tinsukia, was directed to conduct an enquiry to the aspect of juvenility of the appellant by taking recourse to the requirements under Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (Act of 2015 for short).
3. A report has been received along with the proceeding of the enquiry. The proceedings were conducted to the satisfaction of this Court. The entire proceeding is marked as ‘P’ and will form a part of this record.
4. After scrutinizing the original admission register for the year 2011, along with the other documents and after examining the Head Teacher of No. 1 Selenguri L.P. School, Kakopathar, it
A juvenile cannot be tried as an adult and must undergo a trial appropriate for minors under the Juvenile Justice Act if determined as such at any stage.
(1) Claim of juvenility may be raised before any Court which shall be recognised at any stage even after final disposal of case.(2) Decision against determination of juvenility ought not to be taken ....
(1) Plea of juvenility can be raised before any Court and it shall be recognized at any stage, even after final disposal of case.(2) Rape and disappearance of evidence – Merits of conviction could be....
The court emphasized the necessity of a proper enquiry into juvenility, allowing the accused to present evidence and examine the Medical Board, rather than relying solely on medical opinion.
The court established that a juvenile's plea can affect sentencing but not the validity of a conviction if not raised during the trial.
An individual assessed to be a juvenile at the time of offence must not be tried as an adult, with their age determination being essential for proper legal proceedings.
(1) Bail petition – There exists difference between a child below 16 years and those who are accused of or found guilty for a heinous offence and above 16 years – Section 12 of J.J. Act will have no ....
The court affirmed that juvenility must be claimed at trial; failure to do so precludes later claims, especially for heinous offences.
The plea of juvenility can be raised at any stage, including appeal, and must be considered under the Juvenile Justice Act, 2015, allowing for modification of sentence based on age.
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